The U.S. Fiancé(e) Visa is formally known as the K-1 Non-immigrant Visa. This visa permits a foreign-citizen fiancé(e) (beneficiary) to travel to the United States with the intent of marrying the U.S. Citizen Sponsor/Petitioner within ninety (90) days of arrival. With that being said, both parties should be free to marry legally in the United States, if previously married, it should be terminated legally by annulment, divorce, or death. Another factor to consider is that the petitioner must be able to meet the beneficiary at least once within the two-year period before filing the petition. Applying for a K-1 Visa is a tedious process that most probably may take four (4) months or more. Thus, it would really require patience and effort from both parties, the petitioning U.S. citizen and the foreign fiancé(e), starting from gathering necessary documents, filling out forms, vaccination, medical examination, and the interview. To start the whole process, here are the requirements listed by HappilyHaberIAfter in 2018, a WordPress blogger who successfully underwent the K-1 Visa process:
The governing bodies involve in the process are the United States Citizenship and Immigration Services (USCIS), the National Visa Center (NVC), and the U.S. Embassy or Consulate.
The USCIS is where the petitioner will send the packet of documents necessary, including the Form I-129F or Petition for Alien Fiancé(e), they will then review the documents that were sent. The USCIS may request for evidence (RFE) if there is something lacking, be it a document, a box that was not ticked in the form, the letter of intent to marry was not signed, wrong fee on the cheque, or the failure to provide the terms and conditions of the website where the couple met each other. The USCIS will send a letter stating what is lacking and also the deadline for its compliance. If the couple was able to establish their eligibility, the Form I-129F will be approved and then forwarded to the NVC.
The NVC will be the one responsible of providing the couple the case number of their petition, which will be used to track the status until it reaches the U.S. Embassy or consulate where the beneficiary will be interviewed. If the status is still “In Transit”, it means that the petition in being forwarded to the U.S. Embassy or consulate. When the status is “Ready”, your case will be ready for interview when scheduled, thus the beneficiary should be able to prepare necessary documents needed to be brought during the interview. By this time, the U.S. Embassy or consulate sent an e-mail stating the steps on how to proceed with the medical and the interview. For the medical examination, the vaccination will be optional though it will be better to get it during the medical because it will still be required upon arrival in the United States. The beneficiary will then be notified that the medical results is ready for pickup, one packet should not be opened until the interview at the embassy.
The U.S. Embassy or consulate will confirm the schedule of the interview of the beneficiary. On the day of the interview, first the beneficiary will hand over the original passport, the appointment letter, and the DS-160 (online form for confirmation of nonimmigrant visa application), these documents will be returned immediately after the validation of the appointment. On another window, the beneficiary will then proceed to submit the following:
- Beneficiary’s Original Passport
- Appointment Letter
- Beneficiary’s Birth Certificate (original and photocopy)
- Police Clearance from Beneficiary’s Location
- Financial Support Documents (Petitioner’s Form I-134, Tax Transcript, Bank Statements, Employee Certificate, W-2 Form)
- Joint Sponsor’s Documents (Form I-134, Form 1040, Social Security Benefits Statement, and Passport copy as a proof of U.S. Citizenship)
- Beneficiary’s two (2) Passport Size Pictures
- Medical Results
If all the requirements are met, the beneficiary will then proceed to the fingerprinting process before the interview proper. Proceeding to the interview at a different window, the consular officer will double check if the all the information provided, then proceeds with the scrutinizing questions about how the couple met, the time the petitioner visited the beneficiary, the work of both parties and the career plan of the beneficiary upon arriving and after the marriage, there will also be questions about the families (where they live, how many siblings, who is living with them), and other questions deemed necessary by the consul. After the interview, right there and then the consul will either approve or deny the K-1 Visa application. If approved, the beneficiary will then be given a slip congratulating for the approval of the K-1 visa application and stating that an e-mail will be sent if the passport with the K-1 Visa is ready for pickup. And that concludes the K-1 Visa application process.