The K-1 Visa process- part one

The K-1 visa, often referred to as a “fiancé(e) visa,” is a non-immigrant visa designed to bring a foreign national fiancé(e) to the United States to marry their U.S. citizen partner. As part of the K-1 visa process, the fiancé(e) is allowed to enter the U.S. with the condition that the couple marries within 90 days of the fiancé(e)’s arrival. Once married, the foreign spouse can apply for a green card (permanent residence) through the adjustment of status process. 

We got engaged in September 2022 and began the K-1 visa process while I was in the U.S. It was a rough journey, but now that everything is finished, it wasn’t as bad as it seemed. We hired a lawyer to help with the paperwork, but that isn’t necessary—you can do it on your own. We chose the K-1 route because I wanted my son to come with me, and with the K-1 visa, children under 21 years old can accompany the applicant. To decide which Visa is the best for you read here.

Step-by-Step Overview of the K-1 Visa Process

1. Submit the K-1 Visa Petition (Form I-129F)

The U.S. citizen must initiate the process by filing Form I-129F, Petition for Alien Fiancé(e), with the U.S. Citizenship and Immigration Services (USCIS).

2. USCIS Processes the Petition

After submission, the USCIS will review the petition. If approved, the case is sent to the National Visa Center (NVC), which forwards it to the U.S. embassy or consulate in the fiancé(e)’s home country.

3. Fiancé(e) Applies for the K-1 Visa

The foreign fiancé(e) will receive instructions from the U.S. consulate on how to proceed with the K-1 visa application, including scheduling a medical exam and visa interview.

4. Attend the Visa Interview

During the interview, a consular officer will review the fiancé(e)’s eligibility for the K-1 visa. The foreign fiancé(e) should bring all required documents, including proof of the relationship’s legitimacy.

5. Entry to the U.S. and Marriage

Once the K-1 visa is issued, the fiancé(e) can travel to the U.S. and must marry the U.S. citizen petitioner within 90 days of arrival.

6. Apply for Adjustment of Status

After marriage, the foreign spouse can apply for a green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Detailed Description of the Petition (Form I-129F)

The petition process begins with Form I-129F, which is used by a U.S. citizen to establish their relationship with the foreign fiancé(e). The primary purpose of the petition is to demonstrate that the couple has a legitimate intention to marry and meets all the requirements for a K-1 visa.

Requirements for Form I-129F

To file the petition, the U.S. citizen petitioner must meet the following criteria:

• Be a U.S. citizen: Only U.S. citizens can file a K-1 visa petition. Lawful permanent residents (green card holders) are not eligible.

• Intend to marry within 90 days of the fiancé(e)’s arrival: The petitioner must provide evidence of their intention to marry the foreign fiancé(e) within the specified time frame.

• Have met the fiancé(e) in person within the past two years: There must have been at least one in-person meeting within the two years preceding the filing of the petition, unless cultural or religious traditions prevent such a meeting.

Required Documents for the K-1 Visa Petition

When submitting Form I-129F, several supporting documents are needed to establish eligibility and verify the legitimacy of the relationship. Here’s a list of the key documents required:

1. Form I-129F, Petition for Alien Fiancé(e)

• The main form to complete, which includes detailed information about both the U.S. citizen and the foreign fiancé(e). The form I-129F you can download here

2. Proof of U.S. Citizenship

• The petitioner must provide evidence of their U.S. citizenship, which can be demonstrated using a copy of one of the following:

• U.S. passport (valid, unexpired)

• Birth certificate (if born in the U.S.)

• Certificate of naturalization

• Certificate of citizenship

3. Statement of Intent to Marry

• Both the petitioner and the fiancé(e) must submit written statements expressing their intent to marry within 90 days of the fiancé(e)’s entry to the U.S.

4. Proof of Meeting Within the Last Two Years

• Documentation showing that the couple met in person at least once within the two years prior to filing the petition. This can include:

• Photos of the couple together

• Passport stamps or travel itineraries

• Hotel reservations or receipts

5. Evidence of a Bona Fide Relationship

• Documents that demonstrate the authenticity of the relationship, such as:

• Communication records (emails, chat logs, phone call history)

• Affidavits from friends or family members attesting to the relationship

• Evidence of wedding planning or other arrangements

6. Passport Photos

• Passport-style photos of both the petitioner and the fiancé(e), taken within the last 30 days.

7. Criminal History Documents (if applicable)

• If the petitioner has any criminal history involving domestic violence, sexual assault, or other crimes, they may need to submit court records or police reports.

8. Filing Fee

• As of now, the fee for filing Form I-129F is $535. Payment must be made using a check or money order payable to “U.S. Department of Homeland Security.”

Even if you have hired a lawyer things can go wrong, unfortunately. So make sure at this point the department withdraw the fee. After we submit all papers to our lawyer nothing happend until December 2022. The lawery got in touch with us again and asked if we still want to do the visa. Something went wrong in her office so that they never submitted our case. We had to send and fill out all again. 

What Happens After Filing the Petition?

Once the I-129F petition is submitted, the USCIS will send a receipt notice (Form I-797) confirming they have received it. The processing time for this stage can vary, often taking several months. You guys can’t do anything as patiently waiting. In my opinion is that the hardest part. If the petition is approved, USCIS will forward the case to the National Visa Center (NVC), which assigns a case number and transfers the case to the U.S. embassy or consulate where the fiancé(e) will apply for the K-1 visa.

In April 2024 our case moved finally to the embassy in Frankfurt.

In a second part you will read all about the medical exam and the interview in Frankfurt.