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   Fiancée Visa And Adjustment Of  Status Services


The best option for all individuals wishing to bring their fiancée to the United States is to apply for the Alien Fiancée Visa.

To apply for this visa you need to file numerous forms and supporting  documentation with the Bureau of Citizenship and Naturalization in order to prove that you and your fiancée qualify. You must pass the following three requirements in all cases.

1) You have met your fiancée in person within the last two years. 

2) You and your fiancée are both legally free and able to marry. 

3) You and your fiancée  have a serious intention to marry within 90 days of their arrival in America (although you are not obligated to marry). 

You may obtain the physical forms yourself from the USCIS though the included instructions leave a lot of room for error if you've not applied for such a visa before.

Once you complete all the forms and gather all the required documentation you must submit them to the appropriate USCIS service center. If your application is complete and there are no errors it will be approved in three to  four months.  If your application is deficient in any way the USCIS will send you a request for additional information or may return your application in its entirety for re-submission.   Mistakes of any kind will delay your approval and adds more time to the entire process.

The USCIS has no discretion to turn down an application that is complete, accurate, meets the requirements of the K-1 visa, and is not deemed fraudulent. 

USCIS VISA PHOTO REQUIREMENT-CLICK HERE

 


WHAT NORMALLY HAPPENS AFTER USCIS APPROVAL ?

USCIS And Embassy Process Flow Chart-CLICK HERE

The USCIS service center will forward the approved petition to NIV for the National Homeland Security check which takes about 2-4 weeks. After NIV approves your fiancée they will forward the approved petition to the American Embassy for action. You get notified by US mail that this  NIV processing has been completed.

Notifying The Fiancée: Upon receipt of the approved I-129F petition from NIV the American Embassy will send a letter and information sheet to the Beneficiary (FIANCÉE) outlining the steps to be taken to apply for an Alien Fiancée visa, called a "K" visa. They will generate a computer name check. The mandatory name check procedure takes (16) working days. After the name check clears, they can schedule the applicant for an interview.

Scheduling-Visa Interview and Medical Examinations:

BEFORE the interview, the fiancée must complete a medical examination at an Embassy approved medical facility. Forms and information about this are included in the information packet. The medical exam costs between $100-$150 depending on the clinic.

Note: The Embassy no longer offers public access to obtain forms that are provided in the packet initially mailed to the fiancée of I-129F petitions. If, after a reasonable time period, it appears that that local postal systems have lost the packet, the Beneficiary should contact the Embassy. 

All children of an alien classified K-1 must be listed on the K visa petition. The CHILDREN (under 21 years old and unmarried) also MUST BE at the INTERVIEW. The child of a K-1 principal alien may be accorded K-2 status if following to join the principal alien to the U.S. even after the principal alien has married the American citizen Petitioner, and acquired lawful permanent resident status. The cut-off date for issuance of a K-2 visa is 1 year from the date of the issuance of the K-1 visa to the principal alien. After 1 year, and provided that the alien qualifies, the filing of an immediate relative or second preference immigrant visa petition would be required. The visa application fee is $45 per person; there is no issuance fee. If the Beneficiary's interview is successful, the "K" visa will be issued within 1-2 weeks after the interview. The "K" visa is valid for a single entry during a 6-month period. 

Documentary requirements for the interview: 

The FIANCÉE must provide: 

A valid International Passport with a photocopy of the first page.

An original birth certificate with photocopy and translation into English. 

Applicants are required to submit police certificates in all names as well as all dates of birth that they have used. Police certificates must be submitted from each locality in which the applicant lives or has lived for more than six months since reaching the age of 16, regardless of where he/she is officially registered. This includes localities where applicants have lived during university studies and military service. Each certificate must state that local police records have been checked for criminal records. If an applicant has lived abroad for more than one year a police certificate must also be submitted from the country in which he/she lived. Military records will be accepted only from local authorities and not from military commissions. 

If applicable, evidence of termination of any prior marriage: original, photocopy and translation into English. If a widow a death certificate with English translation is required.

An accompanying child requires a valid passport (or may be included in the parent's passport), a birth certificate and a medical examination. If a child is 16 years of age or over, police certificates are required. 

Two Color visa photos of passport size for visa. 

Two photos of passport size for medical exam. 

There is an application fee of $ 100 per person, payable at the Embassy on the day of interview. Only U.S. dollars cash or will be accepted. The bills must be clean and in good condition. The Embassy cashier reserves the right to reject dirty or damaged bills. Under no circumstances will credit cards or personal checks be accepted for payment. 

Documents confirming relationship: photos of Petitioner and Fiancée together, letters to each other, phone bills, emails. Results of Medical Examination in sealed envelope. 

* Employment letter with salary information and/or a copy of tax return (Form 1040) for the last year. The fiancée will be required to present the supporting financial documents at the time of the visa interview. Form I-134 (Affidavit of Support) is not required but might be requested by the Embassy. The petitioner must give their fiancée all supporting documentation BEFORE the interview date

U.S. Port of Entry-City fiancée will enter the USA. 

Example: Aeroflot fly's to Seattle, Washington then connects to San Francisco, California. The official port of entry is Seattle, Washington because this is where US CUSTOMS will clear entry into the U.S.A. 

Your fiancée will receive a non-immigrant visa in their passport which is valid for one entry into the U.S. A.  any time within six months of issue date. Your fiancée will also receive a separate immigrant visa packet to present to the immigration officials at Customs.

This whole process to get your fiancée to the USA from filing may take 6 to 8 months or longer.  Each case is different and it can happen sooner or later and is based solely upon the USCIS, NIV  and American Embassy backlogs at the time your petition is submitted to them. 

Once your fiancée arrives in the United States, the visa is stamped with the actual arrival date and is good for 90 days from the date of entry into the United States.  Your fiancée must either marry you within 90 days or leave the United States.

If you marry your fiancée, you must adjust their status to conditional permanent residency with your local Bureau of Citizenship and Naturalization office. (We can help you with this process)

Getting professional help with these processes is more important now because of recent laws passed by the US Congress on immigration.

BEST OF LUCK TO YOU !