Same Sex K-1 Visa
NVC normally has possession of K-1 fiancé(e) files for as little as 24 to 48 hours after a case file is received from USCIS. In order to for NVC to be able to direct a file to a U.S. consulate in a country other than where the beneficiary is located, it is essential to take steps in advance of NVC receiving the file from USCIS. The NVC has created the following procedure for requesting third-country processing in these cases:
1. Once a K-1 petitioner receives a Form I-797, Notice of Action from USCIS (receipt notice or approval notice) the case number may be used to alert NVC that special handling is being requested. Send an e-mail with the USCIS case number and “Fiancé(e) Special Handling” in the subject line. NVC will create an electronic file with a “flag” based on the USCIS case number.
2. Provide the following information in the body of the e-mail:
- a. Petitioner name and date of birth;
- b. Fiancé(e) name and date of birth; and
- c. Reasons the applicant is afraid or unable to appear at the embassy or consulate in his or her home country to apply for the visa (i.e. fear of government, family, or community persecution, retaliation, or rejection).
- d. Two or three Posts where the applicant would be able and willing to appear for processing.
3. It takes approximately 30 days for the file to arrive at the NVC from USCIS When the case is data entered at NVC, the USCIS case number will cause the file to be flagged for special processing.
4. NVC will contact the designated posts to request that they take jurisdiction over the case. Please note that certain consulates may not be able to take jurisdiction based on workload.
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