Before you and your United States citizen fiancé can get married in the U.S., the United States Citizenship and Immigration Services (USCIS) must approve your petition for a K-1 visa. This may make your engagement longer than you anticipated or hoped for, but it is nonetheless a required step when you have different countries of origin or residency. With that being said, please follow along to find out how long you can expect the K-1 visa process to take and how one of the proficient Lancaster County fiancé visa lawyers at Lupton Law LLC can help you expedite this process as much as possible.
What Is the K-1 (Fiancé ) Visa, and Who Is It For?
The K-1 Fiancé visa, as the name suggests, is intended for use by non-U.S. citizens who are engaged to and wish to marry citizens in the United States. This is a non-immigrant visa, as it is intended to allow a couple to get married in the U.S. within a certain timeframe. This visa allows entry into the country for the purpose of marriage.
What the K-1 Visa Allows
Obtaining a K-1 visa allows you to:
- Enter the United States
- Get married to your spouse within 90 days of entry
- Eligibility to apply for an adjustment of status for a green card
How Long Does the K-1 Visa Process Take on Average?
The K-1 visa processing time, on average, takes around 9-12 months for the entire process from beginning to end. It’s important to understand, however, that every couple and their circumstances differ, so the timeframe may vary depending on your unique situation.
Typical K-1 Visa Timeline
Generally, you may expect the following timeline for the different steps of the process:
- USCIS processing of Form I-129F: Approximately 3-6 months
- National Visa Center processing: Typically 4-6 weeks
- Embassy interview scheduling: Varies depending on the country and the workload of the embassy
Step-by-Step K-1 Visa Timeline
It’s in your best interest to understand the different steps involved in the process of applying for a K-1 visa. Doing so can help you understand what to expect next, as well as provide the opportunity to prepare for each step early to ensure the process moves as efficiently as possible.
Step 1: Filing Form I-129F with USCIS
The first step in the process of applying for a K-1 visa is for the citizen fiancé to file Form I-129F with the USCIS. This form will help establish:
- The petitioner’s U.S. citizenship
- The legitimacy of the relationship between the citizen and their foreign fiancé
- The intent to marry within 90 days
Step 2: Case Transfer to the National Visa Center
Once Form I-129F is approved by USCIS, the case will be sent to the National Visa Center (NVC), where a case number will be assigned before it is forwarded to the correct consulate or embassy.
Step 3: DS-160, Medical Examination, Interview Preparation
Prior to the visa interview, the foreign fiancé must complete Form DS-160 online and undergo a medical examination with an approved medical provider. They must also gather the required civil documents, like their passport and birth certificate.
Step 4: Visa Interview and Entry to the U.S.
Finally, the foreign fiancé must attend the visa interview at their U.S. Consulate or Embassy. At this interview, the consular officer will review the application before conducting an interview. Many of the questions will focus on ensuring the relationship is legitimate.
If approved, the K-1 visa will be issued, and the foreign fiancé may enter the United States. However, the couple must marry within 90 days of the fiancé’s arrival in the country.
What Factors Can Delay the K-1 Visa Process?
Unfortunately, there are a number of factors that may delay how long it takes for the K-1 visa process, many of which are out of your control. Some of the most common factors include:
- USCIS backlogs
- Staff shortages
- Missing, inconsistent, or unclear documentation
- Requests for evidence
- Background checks or country-specific security measures
- Global events, like conflicts or natural disasters
Can You Expedite a K-1 Visa?
If you are looking to expedite your K-1 visa so you and your partner can get married, it’s important to understand that, unfortunately, the K-1 visa program does not offer a guaranteed premium processing option.
When Expedited Processing May Be Considered
Under some circumstances, USCIS may consider expediting a K-1 visa if:
- A serious medical emergency arises
- There is an urgent humanitarian concern
- There is a credible threat to your safety
- There is severe financial hardship
It’s important that all requests for expeditions are reviewed on a case-by-case basis, and documentation is required.
What Expediting Does Not Mean
However, you should note that:
- There is no fee-based option to fast-track your application
- These requests are completely discretionary
- You are not guaranteed approval by expediting the process
What Happens After Your Fiancé Enters the U.S.?
It’s important to understand that the process does not end after you are approved for a K-1 visa. Though this is an exciting time, there are still steps you must take.
Once you enter the country, you must marry your spouse within 90 days. Failure to do so will result in the expiration of your lawful status in the country, meaning you must leave to avoid future re-entry issues. Unfortunately, once your lawful status expires, there are a number of immigration consequences you can face if you remain in the country.
After you and your spouse marry within 90 days, you can apply for an adjustment of status to obtain a green card, granting you lawful permanent residence status. However, you will need to sit for another interview before obtaining a green card.
Contact Our West Chester Immigration Attorneys Today
If you and your partner are ready to take the next step, ensuring that the immigration process goes as smoothly as possible is critical. That is why it’s in your best interest to work with the experienced team at Lupton Law LLC. We can help you and your fiancé navigate this difficult process to fight for the best possible outcome. Connect with us today to learn more.
