K-1 Fiancé Visa Application Process
If you are applying for a K-1 fiancé visa, here is an overview of the visa application process. Get ready for a large amount of paperwork and numerous forms. But countless other immigrants have made it through, and so can you.
Obtaining a K-1 fiancé visa involves three major steps:
Step 1: Your U.S. citizen fiancé submits a fiancé visa petition to U.S. Citizenship and Immigration Services (USCIS). This is done on Form I-129F, which is available for free download -- go to the Form I-129F page of the USCIS website (and don't confuse it with Form I-129, which is used by employers petitioning for workers). In addition to filling out the form, the petitioner must prepare various documents, for example proving his or her U.S. citizenship status and the fact that you two have met in person within the last two years.
Step 2: After USCIS approves your visa petition approval, it notifies not only the U.S. citizen petitioner, but also the National Visa Center (NVC) in Virginia. The NVC will advises you which consulate it is forwarding your case to.
Step 3: You fill out forms, see a doctor (one approved by the U.S. consulate) to get a medical exam report, and present everything to a U.S. consulate in your home country. There, you attend an interview and hopefully receive your K-1 fiance visa. Your U.S. citizen petitioner does not typically attend this interview. Once you enter the U.S., you will have 90 days in which to get married and either leave the country of apply for a green card (adjustment of status). This process involves even more paperwork than the fiance visa did.
In rare instances, some couples have to attend a fraud interview if the government has doubts about their intended marriage being the real thing. This could happen either as part of Step One or after Step Three.
Many couples wish that they could take a quick trip to the United States while waiting for the fiancé visa to be granted. Unfortunately, once you have submitted any part of your fiancé visa application, you are unlikely to be granted entry as a tourist. This is because either the U.S. consulate to which you apply for a visitor visa, or the U.S. border officer who meets you at the airport or other point of entry, will likely believe that your real intention in using the tourist visa is to get married and then apply for your green card in the United States. That would be an inappropriate use of the tourist visa and could be considered visa fraud. With visa fraud on your immigration record, you would have a difficult time getting approved for any sort of U.S. visa or green card.