The K-1 Visa Process
You will begin by filing Form I-129F, Petition For Alien Fiancé(e) as your foreign-citizen fiancé(e)’s sponsor. With every client, our goal is to submit a petition that is compelling and well-supported enough to avoid a request for evidence, which would create an unnecessary delay that we know you don’t want to endure. If USCIS approves the petition, it will send it to the Embassy or consulate near your fiancé(e), which will then schedule an interview.
If the adjudicating officer at the interview approves the petition, your fiancé(e) will receive a K-1 visa. They will have 6 months to seek admission at a U.S. port of entry, where a CBP officer will assess their paperwork and decide whether to let them into the U.S.
Once they enter, they will have 90 days to marry you and, therefore, qualify for adjustment of status. If you fail to marry within this period, the visa will expire, and your foreign-citizen fiancé(e) will begin accruing unlawful presence unless they leave the country. Any amount of unlawful presence can prevent a person from qualifying for a visa at a later point and may even trigger deportation.
Your foreign-citizen fiancé(e)’s unmarried children can also qualify for K-2 visas, allowing them to come with their parent to the U.S. and adjust their status after the marriage ceremony. Sons or daughters with K-2 visas must remain unmarried to qualify for permanent residence.