The American Fiance Visa Petition
K1 visa requirements
The K1 visa process begins when a US citizen files form I-129F with the United States Citizenship and Immigration Services (USCIS) for a foreign fiance. The petition must be filed and approved before a Consulate can issue a K1 visa to the alien fiance.
Under Section 214(d)(1) of the Immigration and Nationality Act, for the Department of Homeland Security to accept the request, the citizen fiance must prove that the parties:
1. have previously met in person within two years before the date of filing the petition,
2. have a genuine intention to marry, and
3. are legally able and willing to conclude a valid marriage in the United States within a period of ninety days of the admission to the United States of the foreign national fiance in K1 status.
If the petitioner has a conviction or had a restraining order issued against him concerning certain specified crimes, he must obtain a waiver from the Secretary of Homeland Security the K1 petition can be approved.
What are the specified crimes – K1 visa petition?
The specified crimes are following:
(i) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking, or an attempt to commit any such crime.
(ii) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of the crimes described in this clause.
(iii) At least three convictions for offenses related to a controlled substance or alcohol not arising from a single act.
A waiver is unlikely to be approved if the petitioner has a record of violent criminal offenses against a person.
Supporting documents for the K1 visa petition
You should submit the completed I-129F petition should with proof of your US citizenship, certified copies of all court and police records if you have a conviction for certain crimes, the marital history of you and your fiance the I-129F filing fee and other required documentation. You may need to request a waiver if you have convictions for certain crimes or you made multiple filings. A petitioner who is not in the United States may execute the petition before the United States consular or an immigration officer for forwarding to the Stateside Service office having jurisdiction for adjudication.
Remember that k1 petition is just the first step in the k1 visa process. An approved petition is not a visa. However, if the request is approved, your fiancé will then apply for a k1 visa and attend an interview at a US embassy or consulate. The interview must take place while the petition is still valid. The petition is valid for four months but may be re-validated for extra four-month periods for a good cause, if you still intend to marry. When your fiancé comes to the United States, and you get married within the ninety days period following her admission your fiance will then apply for adjustment of status (a green card) and work authorization.
Consult a K1 visa lawyer for best results
The K1 visa process can get complicated and confusing. To understand k-1 visas and to protect your interests, consult an experienced K1 visa lawyer. If you have any questions about k1 visa requirements, family green cards or more, call us at 702-423-2721 to schedule a consultation with our Las Vegas attorney.