How to Apply for a K1 Visa
Phase I:
To begin the application process for a K-1 visa, the petitioner, who must be a U.S. citizen, has to first turn in an application to the United States Citizenship and Immigration Services (USCIS). Known as the Fiance(e) Visa Petition, this petition lets U.S. immigration officials know that you are engaged to a foreign national and would like to get married in the United States and live with them there.
The list of forms and documents that petitioner will have to provide to the USCIS during this stage of the process include:
- Form I-129F: This is the Petition for Alien Fiance(e) form that must be filled out by the petitioner.
- Form G-325A: This is the form requiring biographic information. Both you and your fiance(e) must fill out one of these forms.
- Color photos of each of you.
- The application fee payment.
- Proof of petitioner's U.S. citizenship.
- Proof that both of you are legally allowed to marry each other (i.e., neither of you is still married to another person and the two of you are not closely related by blood).
- A statement describing how the two of you met each other.
- Proof that you met in the past two years or, if not, proof that an exception to this requirement exists in your relationship. An arranged marriage would be one example of an exception.
- Proof that you plan to marry your fiance(e) once he or she is allowed to enter the United States.
After receiving the application, the USCIS will send the petitioner a Notice of Action, which will inform your American fiance(e) to go to the USCIS web site to find out how long the application process may take—usually a few months. If additional documents or information is needed by the USCIS, the request will be made at this time. Once the application is approved, the National Visa Center will let you know that the next phase of your application process is ready to begin.
Phase II:
The National Visa Center will send you a packet of forms that your fiance(e) will need to fill out in order for his or her K-1 visa to be approved. There is a four-month deadline for submitting these forms. Which forms each person receives may vary.
A few forms that your fiance(e) may be required to fill out:
- Form DS156: The Nonimmigrant Visa Application
- Form DS156K: A supplemental form to the Nonimmigrant Visa Application
- Form DS230: This is the application for Immigrant Visa and Alien Registration. If your fiance(e) has children that he or she would like to bring to the U.S. to live with the two of you, their names will have to be included on this form.
Once these forms are submitted, a security clearance check will be performed to ensure that your fiance(e) does not have a criminal record.
Phase III:
The Appointment Package and The Interview. You will receive a date and time for the interview at the U.S. Consulate's office. Your immigrant fiance(e) may be asked to fill out more forms to be submitted during the interview.
For your interview, bring the following (Again, which forms each person receives may vary):
- Original Notice of Action approving the K-1 visa petition
- A copy of your American Fiance(e) Visa Petition
- Form DS-230, Part II and Form I-134, Affidavit of Support
- Evidence of the U.S. citizen's employment
- A copy of the U.S. citizen's latest tax return
- Letter from U.S. banks verifying information pertaining to your U.S. citizen fiance(e)'s back account(s)
- Form DS-1858, which affirms the Sponsor's Financial Responsibility
- A valid passport from the immigrating fiance(e)'s country, his or her birth certificate, and a police clearance certificate
- Additional passport-sized photos of the immigrating fiance(e)
- Results from a required medical exam in a sealed envelope
- Fingerprints
- Any more documents that are requested, as well as additional proof establishing your relationship with one another
- Payment of the application fee
- If your visa is approved, you will have to pay an issuance fee
The consulate official will ask a number of questions and check all paperwork. If all of the paperwork is in order and no unforeseen problems come up during the interview, the K-1 visa will be approved and issued immediately or soon after. Once your fiance(e) receives the visa, her or she can travel to the United States right away.
Delays and Problems
In order to ensure that no delays or problems occur to prevent your fiance(e)'s K-1 visa from being approved, it is important that you work with an experienced immigration attorney who understands the immigration process and can help you through each phase to make sure that no unnecessary errors or setbacks occur. Failure to receive the visa right after the interview can lead to long and arduous delays, possibly even the denial of your petition. Your immigration lawyer can answer any questions that you have, help you and your fiance(e) prepare for the interview, and deal with any irregular circumstances that may affect negatively your application.
At Sagaria Law, P.C., Scott Sagaria and his team of immigration attorneys are committed to helping you successfully through the K-1 visa application process. We will do everything we can to make the process as efficient and stress-free as possible.
We would like to offer you a free consultation, so please give us a call at 1-800-941-6730 or contact us online. We have a successful track record when it comes to helping our clients obtain their K-1 or K-3 visas. Many of our clients are now residing in towns and cities across the United States, including the cities of New York, Chicago, Dallas, Miami, Atlanta, Seattle, Washington D.C., Los Angeles, and San Francisco. Contact Sagaria Law, P.C. today.