An Overview of the K1 Fiance Visa Process

K1 Fiance Visa Process


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Little known secrets of fiancé visa and green card interviews from an attorney with 20 years of experience

I would like to marry my fiancee in Spain.  Can you give me an overview of the K-1 fiance visa process? Thanks. Mitchell.

 Congratulations on your pending marriage Mitchell. I would be happy to give you an overview of the K1 Fiance Visa Process.

I am assuming that you are a United States Citizen and have not committed any crimes which could exclude you from being able to file this for this visa for your fiancee. I will also assume that you have met each other, face to face in the past 2 years and that you are both are free to marry. Also, I am assuming that your income is sufficient to enable you to successfully apply for the visa.
First, you will need to complete and file Form I-129F, Petition for Alien Fiancé. This, and the G-325a form, are available from the USCIS website
In addition to Form I-129F, you will also need to fill out and submit Form G-325a Biographic Information, and provide proof of your U.S. citizenship. Also, you will need to prepare a “how we met” and “intent to marry letter.” Your fiancé will have to prepare and submit their own form G-325a and  intent to marry letter. You are also required to present evidence of your romantic relationship. You must also prove that you have met your fiance, in person, within the last two years such as color copies of the entries in your passport to prove that you visited your fiance’s country in the last two years.
Assuming that you have not made any mistakes you will receive a Form I-797 Notice of Action acknowledging receipt of the petition. After that, USCIS will do a full review. If they are satisfied with your evidence then your petition will be approved. At that time they will mail you an approval notice.
USCIS will then forward the petition to the National Visa Center. The NVC forward the file to the appropriate United States Consulate.
The embassy or consulate will then send the fiance instructions for gathering additional documents, getting photographs made, having a medical exam done etc.
The last step in the process is for the fiance to attend an interview at the U.S. consulate. Your fiance will receive an appointment notice letting her know the time and the place of the interview. She must attend the interview.
When your fiance enters the United States she must marry you within 90 days. You can then apply for adjustment of status in order to get her a green card.

This is just an overview Mitchell.  You need to make sure you have your situation reviewed by an experienced immigration attorney so that no mistakes are made which will delay the process.

Lawrence Gruner is an experienced immigration attorney, Fiance Visa attorney in the USA  and  Green Card Attorney in the USA  with almost 20 years of experience handling immigration cases. He has office locations throughout northern California. His office handles immigration cases throughout California (including San Francisco, Oakland, San Jose, San Diego and Sacramento) the United States and the World. You may reach us at 888-801-6558 . You may also email us your questions. Attorney Gruner would be happy to review your situation and all of your options.

Laws can and do change.  This blog article is just an overview of the process and is not intended as legal advice.  Please do not rely on the advice you receive from friends and family as there can be serious consequences.   Please make sure you contact an attorney prior to filing any immigration case.  It is extremely important that an experienced immigration attorney review your situation prior to any documents being filed. We would be happy to talk to you, free of charge, about all the issues in your fiance visa case.

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