Since 1975

Toll Free: 877-745-8341

& State and Federal Trial Practice.
Law Office Of Daniel M.Pell
Se habla español | Tagalog | Filipino
Говорим по русски
k-1 fiancee visa with attorney Daniel Pell
K-1 Fiancé(e) Visa Process with Attorney Daniel Pell

K-1 Fiancé(e) Visa:
Attorney Daniel Pell

As a U.S. citizen you have the right to bring your foreign fiancee to permanently live in the United States.

In order to do so the Petition for Alien Fiance must be filed along with supporting documentation with the USCIS Service Center that has jurisdiction over the place of the petitioner’s residence in the United States. This visa petition filed will serve to classify the alien fiancee, as defined in section 101(a)(15)(K)(i) of the Act, as an approved fiance. Both fiancees must be eligible to be lawfully married in the petitioner’s state of residence. Furthermore, at the time of the petition they must both be of legal age and not married to each other or anyone else, as well as have serious intention to marry within 90 days of the fiancee’s arrival in the United States.

Same sex partners are allowed to apply for a K1 Visa as long as they are planning to marry in one of the states that legally enable same sex marriage.

USCIS Filing – The Original Petition is mailed to the USCIS
First key of the K1 Visa Process is filing a petition with the corresponding USCIS Service Center that serves the area where the petitioner lives. It is not possible to file the petition at an Embassy, Consulate or U.S. Immigration office abroad. The K1 Visa requirments must be met prior to the initial filing with the government.

The child of the beneficiary (as defined in section 101(b)(1)(A), (B), (C), (D), or (E) of the Act) may be accorded the same non-immigrant classification as the beneficiary. A separate petition is not required if the children accompany or follow the alien fiance within one year from the date of issuance of the K1 Visa, but the petitioner must ensure that the child is named in the petition. If it is longer than one year from the date of the issuance of the fiance visa for the parent, a separate immigrant visa petition is required.

Technically, besides all mandatory forms and documents there are several major categories that must be established in the initial petition: it is necessary to prove that both parties are free to marry; that they have solid intent to marry; that they have physically met within the last two years and that they have a bona fide relationship. Only experience in the fiance visa field allows to select quality evidence which would allow pass the USCIS smoothly and without Request for Further Evidence (RFE).

Notice of Action 1 (NOA1) – Petition is received by USCIS

Notice of Action 2 (NOA2) – Petition is approved or denied by USCIS

NVC Phase – USCIS forwards your case to the National Visa Center.

An approval of a fiance visa petition by USCIS is valid for a period of four months. An expired petition may be revalidated by a director or a consular officer for a period of four months from the date of revalidation subject to the continued finding that the petitioner and fiance are free to marry and intend to marry each other within 90 days of the fiance’s entry into the United States. The approval of any petition is automatically terminated if the petitioner dies or files a written withdrawal of the petition before the fiancee’s arrival in the United States.

Upon the petition’s approval, the USCIS service center forwards the application to the National Visa Center of the State Department for background clearance, which in turn forwards it to the appropriate U.S. Embassy in a foreign fiance’s country of residence. The U.S. Embassy will contact the foreign fiance directly upon receipt of the case.

After approval by United States Citizenship and Immigration Services(USCIS) at the National Service Center, the visa is sent to the National Visa Center in Portsmouth, New Hampshire, given a number, and sent to the U.S. Embassy or Consulate abroad, located within the country in which the foreign Fiancee resides.

NVC to Embassy – NVC forwards your case to the U.S. embassy in the
nation of origin

Embassy Letter – Embassy contacts you with further instructions.

The Embassy or Consulate notifies the foreign fiancée by mail of the receipt of the Visa Application.  The foreign national fiancée fills out an online Visa Application through the United States Department of State.

Gather Embassy Documents – Petition is received by USCIS

Medical Exam – Alien schedules and completes required medical exam

Embassy Interview – Alien is interviewed by consular officer at the U.S. Embassy

The fiancée obtains the necessary governmental clearances from his/her own home country, the necessary medical exam(s), and fills out additional required forms, pays the fees to schedule the interview, and then appears in the U.S. Embassy(required) or U.S. Consulate abroad, and if approved, is granted a fiancée visa, which is glued into the foreign fiancee’s passport, along with a sealed envelope which contains the application and all supporting evidence.

The fiancée is then free to board an airplane and travel to the United States.  Once the foreign fiancée is admitted into the United States, the couple has only 90 days to marry. The couple must then apply for the foreign fiancée’s (conditional)  lawful permanent resident status (conditional because the couple is married less than two years when permanent residence is applied for).

At the interview the adjudicator verifies the presence, accuracy and legality of all required documentation. Also, the beneficiary will be asked very specific questions in regard to the relationship with his/her U.S. fiance in order to verify its truthfulness and veracity. Inability to provide all needed documentation and evidence of a genuine relationship may result in the denial of the fiance visa.

Attorney Daniel Pell can provide you with K1 Interview Preparation Face to Face or Skype.

Visa Issued– The visa is placed into the passport and passport returned to alien

K1 Visa is printed and placed into the fiance’s passport. It resembles a tourist visa, but is annotated with the name of the petitioner. A K1 Visa is valid for a single entry into the United States within six months of the issuance date.

The K1 Visa is valid for a period of six months and allows for one entry to the United States. The k1 visa allows a 90-day time period for the parties to marry. The K1 Visa (and K2 Visa for accompanying minor children) is classified as a “non-immigrant” visa, although all the immigrant visa checks (i.e., FBI check and medical exam) are required. While this visa is issued as a single entry visa, should the fiance return to his/her country within the 90 days and seek to return again to the U.S. for the purpose of marriage, the U.S. Embassy may issue a second visa document.

The fiance visa process is designed for purpose to enter the United States with intention to marry the petitioner within 90 days. Once married, the U.S. citizen can obtain conditional permanent residence status for his/her new spouse by filing an Adjustment of Status Petition with the USCIS. Within 4-5 months of filing the Petition, the couple is called into the local USCIS office for an interview, and if it concludes successfully, a two year conditional permanent residence card is issued to the foreign spouse. The couple may apply to remove the condition and receive a 10 year permanent residence card 3 months preceding the expiration date of the conditional greencard supporting evidence.

The total time for the K1 Visa process from filing of the initial petition to the actual issuance of a visa can vary depending on the processing speed of USCIS, the time of processing in the NVC, and the processing time of the U.S. Embassy in the fiance’s country of residence. The processing time of the case may be delayed due to the applicant’s failure to provide all necessary documentation in a timely manner or may be denied due to misrepresentation or inability to establish that both parties do have a genuine relationship and solid intent to marry upon fiance’s arrival upon U.S. soil.

Travel to US – Alien has 6 months to enter the U.S

Wedding – Alien has 90 days after entry to marry

Start Visa K1 Process


Toll Free: 877-745-8341

Start Visa K1 Processk1 Visa Overviewin US on Visa K1k1 visa timelineK1 visa requirementsK1 visadenial visak1 visa cost and fees


cr1 or ir1 marritage visas