The K-1 or Fiance' Visa Application Process

If you and your fiance' have decided to apply for K-1 Visa, you need to review the K-1 Fiance' Visa eligibility requirements and make sure that you are eligible. The K-1 Fiance' Visa allows the foreign fiance' of a U.S citizen to legally enter the United States of America in order to get married. A K-1 Visa holder has 90 days to get married in the U.S.

Steps in Obtaining a K-1 Fiance' Visa
1. The U.S Citizen files a Petition for Alien Fiancé(e), Form I-129F, with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where he lives.

2. Once the I-129F is approved, the Petition for Alien Fiancé(e), Form I-129F, is sent to the Department of State's National Visa Center (NVC) and it will be processed and will be forwarded to the corresponding US Embassy and Consulate where the foreign fiancé(e) will apply for a K-1 Nonimmigrant visa.

3. The National Visa Center sends the foreign fiance' a follow-up application and further instructions. He or she will fill up some forms like Form DS-156 Nonimmigrant Visa Application, Form DS-156K Supplement to Form DS-156 and Form DS-230 Application for Immigrant Visa and Alien Registration. The forms and instructions that NVC sends and their requirements varies a bit among consulates.

4. The foreign fiance(e) fills out some more forms and present them during his/her interview at the U.S consulate in his/her home country. He or she will also have a medical exam before his/her interview appointment.

5. Once the K-1 Fiance' Visa is approved, the foreign fiance' may enter up to into the United States within 6 months of the issue date. The K-1 Fiance' Visa is good for only one entry.

6. Once the foreign fiance is in the United States, you have 90 days to get married.

The next step after the marriage is the Adjustment of Status Application using Form I-485, for the K-1 Visa holder to become a permanent resident.

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My Removing Conditions of Residency Timeline

Within the ninety (90) days before the expiration of your two-year Conditional Green Card, you can submit your applications for the removal of the conditional basis of your permanent resident status. Following the instructions in Form I- 751, we sent our at USCIS Texas Service Center.

My I-751 Removing Conditions Timeline

4- 18- 08 - Sent I-751 Application to USCIS Texas
4- 23- 08 - USCIS Received Our Application (Domestic Return Receipt)
4- 29 -08 - Case Transferred to Vermont Service Center (USCIS Website)
5- 07- 08 - Received Biometric Appointment
5- 13- 08 - Received letter Green Card 1 yr extension
5- 17- 08 - Biometrics (Atlanta, GA)
3- 05- 09 - Received email from USCIS, card production ordered
3- 10- 09 - Received postal mail from USCIS, application APPROVED
3- 12- 09 - Received 10 years Green Card through postal mail

This new green card is valid for 10 years.

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Our K-1 Visa Journey

My sweetheart and I did not hire a lawyer for our K-1 Visa Application. The K-1 Fiance' Visa process seems long because of the amount of paperwork and forms to submit. Add the number of appointments and the waiting period, the process can be daunting. But guess what? The K-1 Fiance' Visa process is really not hard. You can do entire K-1 Visa process without an immigration lawyer. I know several Filipino-American couples who done their application themselves too. The K-1 Fiance' Visa process is simple and easy to follow. You just have to comply with the requirements and be organize with yourself to keep a good track of the documents and steps involved in the process. You also need to make sure that you have ALL the documents required for your case. Some K-1 Visa applicants were put under AR or Administrative Review because of insufficient documents. That's why it is great to be resourceful, read and learn more about the process. If your case is complicated and if you don't have much time to do all the work, then it is best for you to get an immigration lawyer.

Couples who are undergoing the K-1 Visa Journey can do research online to learn more about the whole process. The U.S. Citizenship and Immigration Services website has the detailed instructions about the different application and the requirements. VisaJourney.com has a very helpful post about the Step-by-Step Guide on How to File for a K-1 Visa for your Foreign Fiance(e)

During our K-1 Visa processing, I read a lot and searched a lot online. I found awesome forums where I can relate to other K-1 Visa applicants and compare our timeline. Though I know that every case is unique and that timelines are case to case basis, it feels good to connect and relate to fellow applicants. There are a lot things that I learned from them, especially from those Filipinas or couples who are ahead of us in the processing time. Learning about their K-1 visa journey has help me checked what other documents I might need, and what possible questions I'd get, learned about different issues and the possible scenarios that I "might" also go through. It was kind of funny because I gather other documents that I am not sure needed. Why? because I heard it from other applicants that some Filipino interviewer asked them about it, like Baptismal certificate and other stuff so I have mine ready. You can never be too prepared because when you want something so bad, you sometimes get scared to hear bad news. But it's great to have the documents that you "might" need, than not have it and need it.

The NOLO book Fiance' & Marriage Visas, A Couple's Guide to U.S. Immigration written by Attorney Ilona Bray has helped us a lot. My now husband, brought me a copy when he visited me in the Philippines. It was a big help for us, especially the line-by-line Instructions for K-1 Fiance' Visa Petition Forms and the other forms needed for the entire K-1 Visa Process. There's probably a newer edition of the book now.

There were days that I got nervous, especially when I read "sad" news about other applications. But, I just remained positive about my case. When your relationship is genuine and your intentions are real, you already won half the battle. You just have to gather and organize all the proofs, and politely comply with the requirements. In short, there's nothing to worry about.

Our K-1 Visa application was approved more than 6 months later. The U.S Embassy in Manila, Philippines sent my K-1 Fiance'(e) visa through Delbross mail. I got my Fiance'(e) Visa three days after my interview. You can read about my K-1 Visa Interview experience at Manila U.S. Embassy and some of my Tips for K-1 Visa Applicants During Interview and documents organization. I hope those will help you in your journey. Good luck!

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Sample Letter of Intent To Marry

During our Petition For Alien Fiance(e) processing, I remember myself and my then fiance' submitted a letter of intent to marry. You can read it in the I-129F General Instructions, #5. part B that says; "Provide original statements from you and your fiancé(e) whom you plan to marry within 90 days of his or her admission, and copies of any evidence you wish to submit to establish your mutual intent; and." You can check the most recent instruction for Form I-129F, Petition For Alien Fiance'(e) here.

Here is our Sample Letter of Intent to Marry. The body of our letter of intent is very simple. We wrote almost similar letter of intent. You can make it a bit longer. Maybe state your intention why and when do u plan to marry. It's up to you. I think the letter of intent is more into you and your fiance'(e) intends to marry upon the issuance of your K-1 visa, and that you intend to marry within the 90 days of the foreign fiance'(e)'s entry into the United States.

Sample Letter of Intent To Marry Fiance'(e).

********
Date
Address (of the Petitioner or the foreign fiance'(e))


United States Department of Homeland Security
U.S. Citizenship and Immigration Services
Address of the USCIS office


Dear Sir/ Madam:


I, (U.S citizen petitioner OR foreign fiance's name) , do hereby state that I am legally able and willing to marry my fiance'(e) (U.S citizen petitioner OR foreign fiance's name), and intend to do so within 90 days of his/her OR my arrival into the US using the K-1 visa.


Truly yours,


(signature here)
( printed name)


*****
Note: Some couples had their letter(s) of intent notarized and I heard some couples did not. In our case, we just signed our letters and that was it.

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