The K-1 Petition Process is the first part of bringing your fiancée here on a K-1 visa. The second part the K-1 Visa Process will be talked about in the next article.
Place of Filing the Petition
The K-l petition process is started when the I-129 “Petition for AlienFiancé(e) is filed by the petitioner “with the director having administrative jurisdiction over the place where the petitioner is residing in the United States.” The appropriate “director” for purposes of adjudicating K petitions is the appropriate USCIS regional service center director. The K-1 petition may not be filed with or considered by the consulate abroad; however, a citizen abroad can execute the visa petition before a consular or immigration officer there and then forward the completed application to the appropriate USCIS office in the United States.
The K-l Petition and Supporting Documents
The K-l petition is filed on Form I-129F and must include color photographs of each of you and a signed USCIS Form G-325A for both you and your fiancé(e). The petition must be supported by proof that the two of you have met in person within two years before filing; intend to marry; are legally able to marry, including proof of the legal termination of any prior marriages of either; and are willing to marry within the 90-day period. Affidavits from each of you and persons with personal knowledge of your relationship, dated photographs showing the two of you together, correspondence between you and your fiancé(e) by letter or e-mail, telephone bills, receipt for engagement ring, documentation of wedding plans (such as invitations and receipt for deposit for a party hall), and similar types of evidence are very valuable in establishing these requirements.
Upon receipt of the petition, USCIS creates an “A” file for your fiancé(e). On approval, USCIS sends the petition to the appropriate consular post, which is usually the consulate located in the country where your fiancé(e) resides. An approved petition remains valid for four months from the date of USCIS action. A consular officer may revalidate the approved petition for additional four-month periods upon proof that you two are free to and intend to marry within the 90-day period. An approved K-1 petition is automatically terminated if you die or withdraws the petition before your fiancé(e) arrives in the United States.
The minor unmarried children of your fiancé(e) who are listed in the petition may be accorded K-2 status if accompanying or following-to-join your fiancé(e). Neither a separate petition nor a separate filing fee is required.
For more information on the fiancee visa, including a short video, please click the button below to be taken to one of our Fiancee Visa pages.