Fiance visa (K-1) is known to be one of the faster ways to enter the US. In this entry, I would like to share a list of the things you need to know to be able to successfully file a K-1 Visa. Just note that everything in this post is all base from my own experience, research and shared experiences from friends.
In filling the K-1 visa, we have an option to personally file it or have an immigration lawyer do it for you. We personally just did it ourselves, we just made sure that we reviewed everything before we submitted all the paperwork.
The process begins when you and your fiancé file the petition (I-129). This just state that the petitioner is a US citizen or a legal green card holder wanting to petition his/her partner to be married and reside in the US. K-1 Visa is a “non-immigrant” visa, meaning, it is a temporary visa issued to allow the beneficiary to enter US to be able to marry the petitioner and adjust its status after marriage. In this link, you can find the form (I-129), instructions on how to file and some checklist:
After filling the I-129, a notice of action will be received or so called NOA-1 confirming that the USCIS received your petition. Please take note that every paper work submitted is important. You should have a copy of each evidence and forms and make sure to keep and file them neatly. This will come in handy when you do the adjustment of status.
In my case, my I-129 got approved after 2 months, but the time frame varies. Some of my friends got approved after 45 days but some are longer. If you got approved, the USCIS will send the approved petition to the National Visa Center (NVC). This doesn’t give the permission to travel yet, but this is one step closer to being together. As your application got approved the NVC issues a case number and sends them to US consulate. This process usually takes 2-5 months.
The Department of state will now notify the beneficiary to apply for a K-1 visa. The beneficiary should prepare all the necessary requirements and pass the medical examination and interview in order to be granted a visa. This is a handful of things to remember so make sure to make a checklist and double check to avoid delays due to incomplete documents.
Here is a checklist of the requirements:
- Form I-129F
- Form G-1145
- $535 check for the filing fee
- Cover letter
- Statements of intent to marry
- Primary proof of meeting in person within the last 2 years
- Passport photos (petitioner & alien beneficiary)
- Proof of U.S. citizenship (birth certificate)
- Evidence of all previous marriages ending (ie. death cert./divorce decree)
- Proof of legal name change (if applicable)
- Certified copies of police & court convictions, in compliance with IMBRA
- Send via trackable mail or courier
- Embassy Phase
- DS-160 Form
- Passport with at least 6 months of validity left on it
- Divorce documents of previous marriages (both parties)
- Police certificates from current residence country
- Police certificates from other residence countries lived for 6+ mo.
- Medical exam
- Vaccinations records
- Evidence of financial support (I-134)
- Alien birth certificate
- Affidavit of support (if requested by embassy)
- Evidence of relationship
- 2x passport photos (2 in. x 2 in.)
- $265 embassy fee
I know this is a lot to take in but if you completed all of this, everything will go smoothly.