A Fiance Visa (category K1, K2) allows an unmarried American petitioner to bring over a foreign partner to the US for marriage.
There are several requirements. For instance, the petitioner must be a US citizen, over 18 years old, free to marry, able to financially provide for the incoming beneficiary, among other requirements.
The foreign beneficiary must be also free to marry, have no disqualifying (“inadmissible”) history such as immigration violations against the US, no disqualifying criminal history, among other variables.
If and once approved, the beneficiary (K-1) and children (K-2) are granted a visa to travel and marry the US petitioner within 90 days. After marriage, the couple can apply for Permanent Residency in order to work, live and enjoy a life in the US permanently.
What Are The Steps To Apply?
The first step is to ensure the US Citizen and the foreign beneficiary qualify for the K visa. Of the several requirements, the two most-important are: to have personally met face-to-face within the last 2 years, and be free to marry (single, divorced, widowed, annulled, etc.).
If qualified, the US citizen prepares the I-129F petition and submits it to the United States Citizenship and Immigration Services (USCIS). This petition combines forms, several supporting documents, evidence of in-person meeting, payment fee, along with a signed letter of intent to marry. The goal of the packet is to request permission to apply for a K visa at the consulate in the beneficiary’s foreign country.
The USCIS procedures take several months (normally 3-5 months), where the engaged couple undergoes a background criminal check in the FBI database. In addition, the USCIS analyzes the relationship for signs of scams or fraud meant to circumvent the US immigration system.
Once the USCIS approves the case, they forward documents to the National Visa Center (NVC) for post-processing. The NVC is an intermediate agency which handles the bulk of visa applications. Following an approval (generally 4-6 weeks), the NVC forwards the case to its final destination: the US Consulate.
The US Embassy is the only branch with jurisdiction to process family-based petitions like the fiance K-1 visa. They have several requirements.
As per “public charge” rules, the fiance visa applicant must attain two reports: a Police Clearance and a medical examination. Both reports reveal whether the applicant has any criminal or medical issues that may lead to a visa denial (an “inadmissibility”).
The final step is for the US petitioner to provide form I-134, Affidavit of Support, to prove that the incoming beneficiary will not be a financial burden to the US social system. This packet contains formal tax returns, employment history, and other related evidence to support financial strength.
The Fiance K Visa Interview
To prepare, the applicant must gather proper documents before scheduling and appearing for the interview. Among the important ones are: The DS-160 online form, the Medical exam report, the Police Clearance, a valid passport, birth certificate, and the I-134 Affidavit of Support.
After paying the visa MRV fee, the applicant may schedule and appear at the interview. The procedures for the day are routine. K visa beneficiaries bring all required documents showing eligibility. Subsequently, the applicant undergoes a one-on-one interview with an immigration officer.
This consular officer reviews documents and oversees any criminal or medical problems. Afterwards, they ask questions about the applicant’s relationship to the US citizen, their future plans, and their marriage plan. The goal of which is for the officer to determine whether the relationship is genuine or a sham meant solely for a green card.
Typically, most applicants are approved (on average 80% approval rate). Problems sometimes occur if either the petitioner or beneficiary has a criminal history or violates US immigration laws in the past (e.g. overstay in the US on a B1/B2 visitor visa). The final potential source of problems is if the officer believes the relationship is not genuine.
The Green Card Process
An approved visa allows the beneficiary to travel, with a single-entry visa, to the US and marry their engaged petitioner. The marriage must happen within the US and the allotted 90 days. If both of these rules aren’t followed, it could mean deportation or voidance of the K visa.
Once the marriage is complete, the couple files for Permanent Residency (i.e. Green card) known as “Adjustment of Status”. The I-485 is a formal submission of documents to the USCIS to indicate that the K visa beneficiary has complied with the requirements and requests the privilege of residing in the US.
Once approved, the beneficiary is granted a 2-year conditional green card where he or she may live, work and carry on a normal life in the US.