K-1 Visa - Fiancé Visa For The USA

If the USCIS approves the petition (with Form I-797, Notice of Action), the U.S. fiancé will be notified and will receive documents and information to forward to his or her foreign fiancé. The second step is to apply for a K-1 visa at the U.S. consulate. The petition is initially valid for four months, so the visa application should be submitted within this period.

Here, too, the application consists of various forms, evidence of the U.S. spouse's financial situation (including Form I-134), a current certificate of good conduct, and other accompanying documents. The documents must be sent to the U.S. in advance. Later, an interview appointment must be attended in person. Before the appointment, the applicant must undergo a medical examination comparable to that required for an immigration visa application. The result, the medical report, must then be presented at the interview.

The K-1 visa is usually valid for six months. The fiancé must travel to the U.S. within this period. The border official grants a stay of 90 days, during which the wedding must take place. Unlike other U.S. visas, it is not possible to extend the stay beyond 90 days with a fiancé visa.

After the wedding, the actual green card can be applied for. This step is called Adjustment of Status. In addition to Form I-485, various other forms and documents must be completed and submitted (Form I-864, tax returns, and other evidence, if applicable), including a statement regarding the financial situation of the U.S. spouse.

It will take some time for the green card to be issued and for the applicant to obtain legal permanent resident status. Until the applicant has the green card in their hands, they should not leave the U.S. if possible. If departure is unavoidable, permission to re-enter the U.S. should be requested, known as Advance Parole (Form I-131). If you move after entering the country and before receiving your green card, you must notify the USCIS of this change of address (Form AR-11) so that your green card is not sent to the wrong address. As a foreigner, you are also required to keep the USCIS informed of your place of residence even after receiving your green card.

As a legal permanent resident, you are required to have your primary residence in the USA. If you have been outside the USA for more than six months, the border official may ask you in detail about the reasons for your stay abroad. Depending on the individual case, it is even possible that your green card could be revoked in court proceedings. If your stay abroad lasted a year or longer, you will need a Returning Resident Visa to re-enter the country, i.e. the U.S. border official could not only initiate proceedings to revoke your status, but also refuse your entry altogether if you only want to enter with your green card after a year has passed. To obtain this Returning Resident Visa, you must show the consulate, among other things, that you never intended to give up your primary residence in the U.S.

If you are planning a longer stay abroad of several months, it is always advisable to apply for a Reentry Permit (Form I-131) before leaving the country. This will allow you to stay abroad for up to two years without encountering any problems upon your return.

If the fiancé wishes to work after entering the country on a K-1 visa, a separate work permit (Form I-765) must be applied for. This is not practical, as the USCIS usually takes several months to process the application, but the work permit will not be valid for longer than the 90 days of legal residence. It makes more sense to apply for the work permit together with the green card, as it will then be valid for approximately one year.

The processing time for the I-129F petition for fiancés is currently six to eight months (at the USCIS Service Center in California). For the I-130 petition for married couples, which can currently be processed by five USCIS service centers, the total processing time is between three and 33 months (e.g. 3–5 months at the service center in Nebraska, 25.5–33 months at the service center in California). Which of the eligible USCIS service centers will be assigned to process the petition is decided internally; the applicant has no influence on this.