1. What is the best way to submit a petition for a K-1 fiancé(e) visa?

The best way to submit a petition for a K-1 fiancé(e) visa is to use the USCIS online filing system. This system allows you to electronically submit the I-129F petition for a K-1 visa, along with any supporting documentation, to the USCIS. You will need to pay the filing fee of $535 and upload a scanned copy of your photo. Once it is processed, you will receive a decision and a reference number.

2. What documents must I submit with my K-1 fiancé(e) visa petition?

You must submit Form I-129F, Petition for Alien Fiancé(e), Form I-134, Affidavit of Support, two passport-style photos of the foreign fiancé(e), evidence of your relationship, the filing fee, and any applicable supporting documents.

3. How does the NVC process a petition for a K-1 fiancé(e) visa?

The NVC process for a K-1 fiancé(e) visa begins with the filing of a Form I-129F, Petition for Alien Fiancé(e), by the petitioner, who must be a U.S. citizen. Once the petition is approved, it is sent to the National Visa Center (NVC). The NVC will review the petition and, if it is approved, will forward it to the U.S. Embassy or Consulate that will handle the case. The fiancé(e) will be notified to begin the required visa application process, including gathering necessary documents and obtaining required medical examinations. The fiancé(e) will be interviewed at the appropriate U.S. Embassy or Consulate and, if approved, will receive a K-1 visa which allows him/her to travel to the United States.

4. How long does it take to process a K-1 fiancé(e) visa?

The processing time for a K-1 fiancé(e) visa depends on the particular circumstances of the case and can vary from one case to the next. Generally, it can take anywhere from six months to a year for the entire visa process to be completed.

5. What fees must be paid to the National Visa Center (NVC) for processing a K-1 fiancé(e) visa?

The fees that must be paid to the National Visa Center (NVC) for processing a K-1 fiancé(e) visa include the Form I-129F filing fee of $535, the Affidavit of Support fee of $120, and the visa application processing fee of $265.

6. Who is eligible to file a petition for a K-1 fiancé(e) visa?

A U.S. citizen who is engaged to a foreign national may file a petition for the foreign national to obtain a K-1 fiancé(e) visa. The U.S. citizen must have met their fiancé(e) within the last two years and must have an intention to marry within 90 days of their fiancé(e)’s arrival in the United States.

7. Is an interview required for the K-1 fiancé(e) visa applicant?

Yes, an interview is required for the K-1 fiancé(e) visa applicant. The visa interview is conducted by a consular officer at the applicant’s nearest U.S. embassy or consulate. At the interview, the consular officer will determine whether the applicant is eligible for the visa and if all application materials are in order.

8. What is the Medical Examination (also known as a “Panel Physician Exam”) for a K-1 fiancé(e) visa applicant?

The Medical Examination (also known as a “Panel Physician Exam”) for a K-1 fiancé(e) visa applicant is a medical examination conducted by a designated physician, appointed by the US Department of State. This exam helps determine whether or not the applicant has any medical conditions that could make them ineligible for the visa. The exam includes a physical examination, laboratory tests, and an X-ray of the chest. The applicant must also provide proof of vaccinations against certain contagious diseases.

9. How does a K-1 fiancé(e) visa holder enter the United States?

A K-1 fiancé(e) visa holder can enter the United States by presenting their K-1 visa at a U.S. port of entry. Upon admission, the visa holder must then complete their marriage within 90 days of entering the U.S. After which, the foreign national can then apply for a green card and become a lawful permanent resident.

10. Once in the United States, what are the requirements for marrying your fiancé(e)?

The requirements for marrying a fiancé(e) in the United States vary from state to state. Generally, the couple must obtain a marriage license from a designated county office and present proof of identity and age. Depending on the state, additional documents may be required, such as proof of residency, birth certificates, or proof of previous marital status. The couple must usually wait a certain period of time after obtaining the marriage license before they can be legally married. Additionally, some states or municipalities may require blood tests or other medical tests prior to the marriage.

11. What are the requirements for bringing minor children of a K-1 fiancé(e)?

The minor children of a K-1 fiancé(e) must apply for a K-2 visa. This visa allows them to travel to the United States with their parent. In order to obtain a K-2 visa, the minor children will need to provide evidence that shows they are related to the K-1 visa beneficiary, such as a birth certificate. They will also need to prove that they are in good health and have no criminal record. Additionally, they may need to submit evidence of financial support, such as a bank statement or proof of a job offer.

12. Does the K-1 fiancé(e) visa holder need to obtain an employment authorization document (EAD)?

No, the K-1 fiancé(e) visa holder does not need to obtain an Employment Authorization Document (EAD) in order to work in the United States. The K-1 visa holder is automatically eligible to work in the US upon entry.

13. Is it possible to extend my stay in the US on a K-1 fiancé(e) visa?

Yes, it is possible to extend your stay in the US on a K-1 fiancé(e) visa. You must file Form I-539, Application to Extend/Change Nonimmigrant Status, with U.S. Citizenship and Immigration Services (USCIS) before your authorized stay expires.

14. What happens if my fiancée and I do not get married after entering the US on a K-1 visa?

If your fiancée and you do not marry within the 90-day period of the K-1 visa, your fiancée must leave the US before the expiration date of the visa. If they fail to depart, they will be out of status and may be subject to removal proceedings.

15. Can my K-1 fiancé(e) and I travel outside of the US before getting married?

No, travel is not permitted outside of the US while a K-1 visa is active. Your fiancée must wait until they have been granted a green card in order to travel outside the US.

16. Are there any restrictions on what my K-1 fiancé(e) can do while in the United States?

Yes, there are several restrictions on the activities of a K-1 fiancé(e) while in the United States. They must remain unmarried, not engage in unauthorized employment, and not engage in activities outside those allowed under the terms of their visa. Additionally, they may not travel outside the United States without prior approval from U.S. Citizenship and Immigration Services. Fiancé(e)s must also maintain a valid nonimmigrant status during their stay in the United States.

17. Can my K-1 fiancé(e) apply for permanent residency after marriage to me?

Yes, your K-1 fiancé(e) can apply for permanent residency after marriage to you. The process begins with filing Form I-485, Application to Register Permanent Residence or Adjust Status.Form I-130, Petition for Alien Relative, will also need to be filed in order to complete the application process.

18. How soon after marriage can my K-1 fiancé(e) apply for permanent residency?

Your K-1 fiancé(e) can apply for permanent residency as soon as your marriage has been legally recognized by the United States government. The application process typically takes 6-8 months, but can take longer depending on the circumstances.

19. What documents must be submitted when applying for permanent residency based on marriage to my K-1 fiancé(e)?

When applying for permanent residency based on marriage to a K-1 fiancé(e), you must submit the following documents:

– Form I-485, Application to Register Permanent Residence or Adjust Status
– Form I-130, Petition for Alien Relative
– Form I-765, Application for Employment Authorization
– Evidence of the bona fide marriage, such as joint bank accounts, rental agreements and other documents that demonstrate a shared life
– Evidence of termination of all prior marriages (if applicable)
– Evidence of valid K-1 entry (such as Form I-94, Arrival/Departure Record)
– A copy of the K-1 fiancé(e)’s passport photo page
– Proof that your spouse is a U.S. citizen
– Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, signed by a designated civil surgeon
– Two passport-style photographs of the applicant and the spouse
– The applicable fee

20. What other benefits can I receive if I marry my K-1 fiancé(e)?

If you marry your K-1 fiancé(e), you can receive a variety of benefits, including:

• The ability to apply for an immigrant visa and green card for your spouse
• The ability to travel in and out of the U.S. with your spouse
• The ability to obtain a work permit for your spouse
• Access to public benefits, such as Social Security and Medicare
• Qualification for a family-based green card for other family members, such as children or parents
• Access to the same rights and protections as married U.S. citizens
• The ability to sponsor your spouse for U.S. citizenship after at least three years of marriage