Introduction to the K-1 Fiancé(e) Visa

The K-1 visa, also known as the fiancé(e) visa, is designed to allow U.S. citizens to bring their foreign fiancé(e)s to the United States to marry and start their lives together. With a K-1 visa stamp, one’s fiancé(e) can move to the United States and begin obtaining permanent residency. This visa will also allow them to travel between the United States, and their home country without the constant worry of visa renewals. 

However, before this can happen, you must take a few steps, such as, filing a K-1 Visa Petition with the US Citizenship and Immigration Services and subsequently, your fiancé(e) will need to attend an interview at the U.S. Embassy in their country with an American consular officer. This is a crucial part of the process, and being well-prepared can make all the difference.

Understanding the K-1 Visa

The K-1 visa lets you sponsor your foreign fiancé(e)’s entry into the United States with the plan to marry within 90 days of their arrival and adjust their status to obtain permanent residency. In addition to that, you must meet several key criteria.

1. You and your fiancé(e) are both legally free to marry in the United States.
2. You and your fiancé(e) have met at least once within the last two years. However, there are two exceptions to this requirement, such as, if meeting in person would conflict with any religious or cultural traditions or if the meeting would result in extreme hardship for you.

You meet the income requirements to provide the financial support you and your fiancé(e) will need to live in the U.S.
Under US Immigration law, there are several ways for a US Citizen to petition for their foreign partner depending on where you are:

1. K-1 Fiancé(e) Visa: If you’re an American citizen planning to marry and live in the U.S. with your fiancé(e), you will need to apply for the K-1 visa.
2. The IR1 and CR1: If you are already married to a foreign national and wish to move to the United States together, you will need either of these U.S. spouse visas.

Both the situation involves different timeline, process and cost and each of these has its own advantages.

What is the K-1 Visa Processing Time?

You might have googled, “What is the K-1 visa processing time?” or “How long does a K-1 Visa take?”. The processing time for a K-1 visa depends on multiple factors and it can range from a few months to over a year. On average, the process can take anywhere from 8 to 12 months from the start of your application submission to the finish line when receiving your visa. This timeline includes the time it takes for the U.S. Citizenship and Immigration Services (USCIS) to process your petition, the National Visa Center (NVC) to forward your case, and the U.S. Embassy or Consulate to schedule and conduct the interview. Here are the main steps with the timeline:

1. One of the first steps in applying for a K-1 Visa is to file the Petition for Alien Fiancé(e) with the U.S. Citizenship and Immigration Services (USCIS). This is the initial step that establishes your relationship with your Alien Fiancé(e) and aims to demonstrate that your relationship is bona fide. The petition processing time is approximately 6-9 months. 
2. After the petition is filed, the USCIS will review the petition for approval. Upon approval, the petition will be forwarded to the National Visa Center (NVC) for processing and then forwarded to the U.S. Consulate / Embassy in the foreign fiancé(e)’s country. The processing time at the NVC is about 1 to 2 months.
3. Your foreign fiancé(e) will thereafter receive a notice from the U.S. Consulate / Embassy to file an Online Nonimmigrant Visa Application and schedule a visa interview. You will have around 7 to 11 months after filing with USCIS (depending on the NVC processing time and interview scheduling) to prepare. 
4. Your foreign fiancé(e) needs to attend the interview at the U.S. Consulate / Embassy along with the necessary documentation. 
5. If the visa interview is successful, your foreign fiancé(e) is granted the K-1 visa, which usually arrives within no less than a week after the interview. 
6. Travel to the U.S. and Marry! Your foreign fiancé(e) will have six months from the date of issuance to enter the United States and once in the United States, you and your foreign fiancé(e) must marry within 90 days.  It is important to note that, under the US Immigration law, if the K-1 visa holder does not marry their US citizen fiancé(e) within 90 days of arrival into the country, they are legally required to depart the U.S. within the visa validity period.

While this can feel like a long time and confusing, especially when you’re eager to start your life together, you have come to the right place. Our team at HBM Law Offices, LLC, is tailored to address your needs and challenges. Our team and principal immigration attorney, Himani Bhardwaj, can help you with everything from the legal requirements to staying on top of the K-1 visa processing timeline, preparing you for each stage of the process, and ensuring that deadlines are met and everything is meticulously submitted. 

What to Expect in the Interview?

The K-1 visa interview is a critical part of the process. It’s where your fiancé(e) will meet with a consular officer, face to face to demonstrate the authenticity of the relationship and verify the intention to marry within 90 days of entering the United States. 

Purpose

During the interview, the consular officer will ask questions to assess whether your relationship is based on genuine love and commitment rather than immigration fraud. It’s an opportunity for them to see that both of you are entering into the marriage willingly and for the right reasons. Simply put, that love is the answer and not a green card. 

Day of the Interview

On the day of the interview, your fiancé(e) should arrive at the U.S. Embassy or Consulate well-prepared. As this is a formal government activity, it’s important to dress the part and arrive early, with all necessary documents organized and ready to present. We’ll work with your fiancé(e) to ensure they are prepared and confident in answering any questions that may arise.

Questions

During the K-1 visa interview, the questions will focus on several key areas: confirming the authenticity of your relationship, assessing how well you and your fiancé(e) know each other, verifying your intentions for marriage within 90 days of arriving in the United States, and ensuring consistency in the information provided throughout the process. It’s important to answer all questions truthfully and with respect. Exaggerating or providing unnecessary details might lead to more questions. Be ready to discuss the details of your relationship, including how you met, your engagement, and your future plans. By following these tips, your fiancé(e) can approach the interview with confidence and present your relationship in the best possible light. If you’re wondering about all the requirements, view our checklist on our K-1 Fiancé(e) visa page. This checklist can ensure that you and your fiancé(e) understand the eligibility requirements, gather the essential documentation and prepare for the visa interview.

Learn More About HBM Law’s K-1 Visa Fiancé(e) Services

At HBM Law Offices, LLC, we’re here to help you bring your love story to life in the United States. The K-1 visa process can be challenging, but our experienced team is here to help and support you in every step of the way while you plan your upcoming wedding and spend time together. Your dream of starting your life together in America is within reach. Your journey is our journey too. If you have any questions or need assistance with your K-1 visa application, don’t hesitate to contact us.