The Fiance Visas are visas that are given to foreign citizens who are engaged to be married to a United States citizen allowing them to be together in the United States. Included also, are visas applicable to the children of those seeking a Fiance Visa.
- The K1 Visa is a 90 day temporary visa awarded for the foreign national citizen to come to the United States to marry his/her United States citizen fiance.
- The K2 Visa is given to the child(ren) of a K1 Visa holder parent. For the purposes of the K2 Visa, a child is defined as being 20 years old or younger and unmarried.
- The K3 Visa is a two year visa given after the marriage has taken place. During the two year period, the K3 Visa allows the holder to live as a U.S. citizen, travel in and out of the country, work and attend accredited schools approved by the USCIS.
Applying For a Fiance Visa
To initiate the K1 Visa request for the foreign national fiance, the United States citizen fiance will make application using Form I-129F, Petition for Alien Fiancé(e). The petition is a thirteen page government form that will provide the foundation for all information about all parties involved. Although the form is completed by the U.S. citizen fiance, it will require information about both parties to include current and prior residences and employment and plans for residency as a married couple. Details about immediate family, prior marriages, and prior criminal history must be truthfully disclosed on this form as well.
After the Fiance Visa Has Been Filed
Once the petition is filed it will be reviewed for accuracy and total completion; at this stage, there may be requests for additional information or it may be rejected. To avoid having the petition delayed or rejected, make certain to complete the form in its entirety, honestly.
Should the petition be rejected, the petitioner will be notified by mail. An explanation of the grounds for denying the petition will provided in the letter; in some instances, there may actually still be an opportunity to correct and continue with the application.
Fiance Visa Is Forwarded
Upon approval of the petition, it will be forwarded to the National Visa Center. The National Visa Center then routes the petition to the appropriate consulate or embassy for the K1 Visa application to be made.
Medical Examination Required
Prior to the interview, the applicant(s) will be required to submit to a physical medical examination. The exam is to be completed by a USCIS appointed physician; this physician may provide results in a sealed envelope that will be taken to the interview with the seal intact. Children will also require a medical exam. Particular prior illnesses may require proof of having been treated.
Fiance Visa Interview
The applicant will be notified by mail of the date for their visa interview. This will be a personal meeting with the K1 applicant, and any K2 children, to not only review the application but to understand the plans of the applicant while in the United States. While the children may be participating in the interview, typically, the United States citizen fiance will not participate. The interview will confirm that the intentions to marry a U.S. citizen are legitimate and not fraudulent in nature. Non-ink fingerprints will also be taken at this time.
Items that must be presented at the interview include: The letter from the National Visa Center stating your appointment for the interview, sealed medical exam results (unless they were sent electronically), valid passports, two photographs and your fees.
Also bring any legal documents such as a birth certificate, death certificate, adoption papers, marriage license, or divorce decree, all of which must be a certified legal document and legally recognized in both the United States and the originating country. Bring the original and a copy for the interviewer and if translation of those documents is necessary, have the translated copies ready to bring to the interview.
Assistance From An Immigration Attorney
There are several forms and multiple steps involved in the entire process and each one must be completed entirely and correctly; forms must be filed according to specific deadlines and none of the fees can be refunded should any error, no matter how slight, cause a rejection.
If the qualifying child or children being included on the petition are close to turning 21 years of age during the process, an immigration attorney can assist in having the case expedited.
Hiring a professional to navigate the petition process, the deadlines, and ensuring all documents are approved for submission can save time and money in the long run. Contact an immigration attorney with Johnson and Masumi to either initiate your petition or review a rejected petition to advise of available options.