Immigrant Visas
Fiancé Visas
(PLEASE NOTE: The Immigrant Visa Unit handles all communication and processing regarding nonimmigrant fiancé(e) visas).
Filing the petition
To establish K-1 visa classification for a foreign fiancé(e), an American citizen must file a petition, Form I-129F, Petition for Alien Fiancé(e), with the U.S. Citizenship and Immigration Services (USCIS) office, having jurisdiction over the place of the petitioner's residence in the United States. Such petitions may not be filed at an Embassy abroad.
Form I-129F can be downloaded from http://www.uscis.gov/ (see "Immigration Forms").
For questions on where to file Form I-129F, contact your local USCIS office for details or consult http://www.uscis.gov/ (see "Field Offices").
After USCIS has approved the petition, it is sent to the National Visa Center (NVC). NVC essentially turns the petition into a K-1 nonimmigrant visa case by, among other things, establishing an electronic database. Once processed by NVC, the case file is forwarded to the Embassy where the foreign fiancé(e) will apply for his or her visa.
Visa application instruction are sent to the "agent"
The Consular Section at the Embassy will provide K-1 visa application forms and instructions for the foreign fiancé(e) after the Consular Section receives the case file from NVC. It is not possible to request the forms and instructions in advance.
The forms and instructions are sent directly to the person listed in the case file as the designated "agent" on the case. The agent can be the petitioner (the person who filed the I-129F petition in the U.S.) or the visa applicant or an attorney. There can only be one agent per case. All correspondence on a case is forwarded to the designated agent.
In order to avoid the unnecessary delay in shipping forms and instructions to an agent in the U.S. and then having the agent in the U.S. forward the forms and instructions back to the applicant overseas, it is often best for the visa applicant to act as his/her own agent (provided the applicant's English skills are proficient as all forms and instructions are in English).
Children have Derivative status
The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition so long as the child is named in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status (see "Immigration Forms" on http://www.uscis.gov/). The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. Thereafter, a separate immigrant visa petition is required.
Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.
Processing time - How long time does it take?
K-1 fiancé(e) visa processing can take anywhere from 4 to 12 months from the date the petition is filed to the final adjudication of the visa. The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicant does not follow instructions carefully or supplies incomplete information. (It is important to give correct addresses and telephone numbers.) In addition, the Embassy may need to get security clearances for the applicant. Security clearances take time.
After entry into the U.S. on the K-1 Visa
• The alien fiancé(e) may apply for work authorization with the USCIS.
• The marriage must take place within 90 days of admission into the United States.
• Following the marriage, the foreign spouse must contact the U.S. Citizenship and Immigration Services (USCIS) and apply for change of status to that of an immigrant spouse.
Can a K-1 Visa holder leave the U.S.?
The K-1 visa allows a fiancé(e) to enter the U.S. one time only. If the fiancé(e) leaves the U.S. after entering on a K-1 visa, the fiancé(e) may not re-enter on the same visa. If the fiancé(e) wants to leave and re-enter the United States, the fiancé(e) must first (before departing the U.S.) apply for an "Advance Parole" document (see "Immigration Forms" on http://www.uscis.gov/; see Form I-131, Application for Travel Document). For further information please contact your local USCIS office.
Can a K-1 Visa holder work in the U.S.?
A person who has entered the U.S. on a K-1 nonimmigrant visa may apply for a work permit (employment authorization document). The applicant must file Form I-765, Application for Employment Authorization, with the USCIS office that serves the area where the applicant lives.
Form I-765 can be downloaded from http://www.uscis.gov/ (see "Immigration Forms").
How to apply for a Social security number card
To learn about how-to-apply for a social security number card, visit the website for the Social Security Administration.
If the link is not working properly log on to http://www.ssa.gov/ and search for:
My immigration document shows K-1. How do I get a work Social Security number?