Interacting with the United States government via the fiancée application process can be lengthy, frustrating, confusing, irritating, difficult, and even exhausting.
The Law Office of Daniel M. Pell seeks from the beginning of the process until final approval to assist you in reducing or eliminating the negative side effects of faulty applications failures to provide necessary evidence, historical documentation, and required procedures and forms.
We eliminate the negative, and accentuate the positive!
This is what you can expect in the way of a timeline for the entire K1 Visa process:
The first application goes to the national service center where the United States Citizen fiancée resides: this application takes about 4-6 months for approval.
Step Two – National Visa Center (NVC)
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.
Step Three - U.S. Embassy Interview
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.
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).
The entire process, start to finish takes between 6-12 months, depending upon the USCIS Service Center involved and depending upon the U.S. Embassy or Consulate abroad.
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.
The Original Petition is filed with USCIS in the United States at the appropriate USCIS Service Center.
The Original Petition must be accompanied by the proper filing fee and sufficient supporting documentation to convince USCIS that the U.S. sponsoring citizen and the foreign fiancée have a bona fide relationship, not made for immigration purposes, but for the purpose of becoming married on account of an established relationship of love, affection and respect for one another.
Once the Original Petition is approved by the applicable USCIS Service Center, the approved visa application is sent to the National Visa Center in Portsmouth, New Hampshire for forwarding to the correct U.S. Embassy or U.S Consulate involved.
The foreign fiancée must attend a personal interview at the U.S. Embassy or U.S. Consulate abroad. At the interview, the U.S. Consular Officer will seek to satisfy the United States Government that the relationship is bona fide, and that fiancée visa is not being sought to evade or avoid the United States Immigration Laws.
If the Consular Officer approves of visa issuance, the foreign national fiancée will receive his/her passport with a fiancée visa inserted, in a week or two, and then the U.S. foreign fiancée has only six(6) months from visa issuance to enter the United States, on a one-time basis.
The U.S. sponsoring citizen fiancée and the foreign fiancée/K-1 visa holder, must validly marry within 90 days of the foreign fiancée being admitted to the United States on his/her fiancée visa, and the foreign fiancée may only marry the sponsoring U.S. citizen fiancée.
The U.S. sponsoring citizen fiancée and the foreign fiancée must promptly file for adjustment of status (application for a green card) of the foreign fiancée.
After the adjustment of status application is filed, it takes about 6-8 months for USCIS to approve a Conditional Green Card, because the marriage is less than two(2) years’ duration at the beginning of the first period of lawful permanent residence.
Thereafter, the couple must petition USCIS to remove the conditional residence status of the foreign fiance, within 90 days of the second anniversary of the granting of the conditional residence card to the foreign fiancée.
Please call (877) 745-8341 to schedule an appointment with Attorney Daniel M. Pell. Consultation Charges May Apply.