How long is the K1 Fiance Process Taking?
Currently, the K1 Fiance visa process is taking, from beginning to end, about 8 months assuming that there are no errors in your paperwork and USCIS does not need additional evidence. This is the actual time for the case to be approved by USCIS, travel through the National Visa Center, make it to the local embassy and have your fiance in the United States.
Green card based on marriage cases, which had been taking 12 to 18 months to process are now being processed significantly faster. If you are considering a fiance visa case you should also consider marrying your loved one in their country and applying for their green card. Although this process would take longer than the fiance visa process your loved one would enter the United States with a green card. You should speak to an experienced immigration attorney about both options, in detail, before making a decision.
If you pursue the green card based on marriage option then your loved one would be able to arrive with a green card in hand and would be able to live and work in the United States immediately. This is in sharp contrast to what happens when your loved one enters the United States with a k1 fiancee visa. If your loved one comes into the United States with a fiancé visa she would not be immediately eligible to work. In addition, if she comes in with a fiancee visa she would not enter with a green card. If she enters with a k1 fiancé visa then she would have to marry you within 90 days and then she would have to go through the green card process, including the marriage interview in the United States in order to receive her green card.
As a result you should consult with an experienced immigration attorney to review your situation. It may make more sense to marry your fiancee in her home country and process the green card base on marriage case instead of pursuing the k1 fiancé visa route. Be sure to review the requirements of your fiancée’s country concerning marriage. They may require you to be in the country for a certain amount of time, or have other requirements which will need to be met, before you would be eligible to marry your fiancée.
Of course many American citizens in this situation may not have the ability to take time off from work in order to travel to their fiancée’s home country in order to get married. The citizen may also prefer to go through the fiancé visa process as they would prefer to live in the United States with their fiancé (under real conditions) before they make the final decision to get married. Also, the American citizen may wish to have their fiancé meet their family and or friends prior to the marriage. There are many other reasons American citizens may still, even with the time lines mentioned above, prefer to pursue the k1 fiancé visa option. That is why both options should be explored, in detail, with an experienced immigration attorney.
If there are errors in your paperwork or USCIS needs additional evidence, which you should have but did not provide, then the process can drag on for additional months or even sadly additional years. This is an unnecessary waste of time. Therefore, it is very important that you submit all the paperwork required for your petition correctly.
Unlike other visa categories e.g. H1b, you are not able to pay extra fees in order to receive faster (premium) processing of your case.
Lawrence Gruner is a Fiance Visa Attorney with more than 20 years of experience. He handles Fiance Visa cases throughout California, the United States and the World. He would be happy to talk to you FREE OF CHARGE about your immigration case. He can help you come up with an immigration plan for your specific situation. He may be reached toll free at 888-801-6558 or 916-760-7270
This article is just a basic introduction about fiance visas and how long the k1 fiance visa process is taking. Laws and Timelines can change. You should ALWAYS seek a competent Immigration Attorney to review your specific facts and circumstances before proceeding with your case. Please do not rely on advice from well meaning friends and family concerning immigration matters. The consequences to you from bad advice is too great.
We handle cases throughout the state of California and the World. California cities include: Sacramento, Stockton, San Diego, San Jose, Oakland, San Francisco, Daly City, Fremont, Hayward, San Mateo, Santa Clara, Alameda, San Rafael, Santa Rosa, Richmond, Fairfield, Grass Valley, Nevada City,Vallejo, Berkeley, Concord, Walnut Creek, Orinda, South San Francisco, San Bruno,Daly City, Pacifica, Half Moon Bay, Millbrae, Brisbane, Burlingame, Hillsborough, Foster City, Belmont, San Carlos, Redwood City, Menlo Park, Palo Alto, Mountain View, Mt. View, Sunnyvale, Campbell, Cupertino, Los Altos, Los Gatos, Yuba City, Santa Cruz, Modesto, Fresno, San Luis Obispo, Morro Bay, Coronado, Los Angeles, Anaheim, Roseville, Rocklin,Auburn, Dixon, Davis. We also have clients in Seattle, Los Angeles, Portland, Reno, Denver, Dallas, Boston, Philadelphia, Kansas City, St. Louis, Chicago.
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