K-1 Fiancé Visas: What Happens After the I-129F Petition is Approved by USCIS?

Congratulations, your I-129F petition has been approved by the United States Citizenship and Immigration Services (USCIS). This is a significant milestone on the path towards reuniting with your fiancé(e) in the United States and completing the fiancé visa process! However, the journey is not yet over, and it's essential to understand what happens next in the process, so you can best prepare for a successful outcome.

FROM USCIS APPROVAL TO THE NATIONAL VISA CENTER (NVC)

Once the I-129F petition is approved by USCIS, your case will be handed over to the U.S. Department of State's National Visa Center (NVC). The NVC plays a vital role in preparing and forwarding your case to the U.S. Embassy or Consulate abroad where the K-1 visa applicant, will apply for their visa. Ideally, this transition from USCIS to the NVC and then ultimately to the U.S. Embassy or Consulate should take roughly thirty (30) to sixty (60) days. However, in more recent times, due to significant backlogs and strained resources, the transition will unfortunately often be closer to 90-100 days.

FROM THE NVC TO THE U.S. EMBASSY/CONSULATE ABROAD

Once your case reaches the U.S. Embassy or Consulate abroad, the K-1 visa applicant fiancé(e) will receive an email packet of information that will guide them through the next steps in the process. Depending on the Embassy/Consulate, this packet can look quite different; however, typically it includes instructions or details regarding the following:

1. Completing the DS-160 Application: The K-1 visa applicant fiancé(e) will need to complete the DS-160 application form online. This is the actual visa application that the non-citizen fiancé(e) must complete to initiate the process of seeking an interview at the consulate and obtaining the credentials and permissions to enter the United States. Please note, the K-1 visa applicant will be required to upload a recent passport photo of themself to the DS-160 application prior to submitting for review.

2. Undergoing a Medical Examination: A mandatory step in the process, the medical examination ensures that the K-1 visa applicant fiancé(e) is admissible to the United States. It's essential to follow the instructions provided in the packet for this examination.

3. Obtaining Police Certificates: The K-1 visa applicant fiancé(e) will need to provide police certificates from their home country and any other countries where they have lived for six months or more since the age of 16 years old. This is meant to assess their background and whether they are a security-risk to the United States and its citizens.

4. Preparing the I-134, Declaration of Financial Support: This form is required to demonstrate that the U.S. citizen petitioner can financially support their non-citizen fiancé(e) in the United States. This form should be prepared and all required evidences should be collected just prior to attending the scheduled interview at the U.S. Embassy/Consulate.

5. Making Arrangements to Pickup Passport (with K-1 Stamp) and Travel Packet: As a part of this process, depending on their location, the non-citizen fiancé(e) could be required to make arrangements with the Embassy/Consulate to pick up their passport and travel packet after the interview. Sometimes this is handled with a third party postal company (similar to a FedEx or UPS). The travel packet will be a sealed envelope that must be carried with the non-citizen fiancé(e) and delivered to Customs & Border Protection (CBP) upon their arrival into the United States.

FROM FILING THE DS-160 TO AN APPROVED K-1 VISA

After the DS-160 visa application is submitted, the K-1 visa applicant fiancé(e) can seek an appointment for their interview at the U.S. Embassy or Consulate. It's essential to schedule this interview promptly as it can impact the overall processing time. During the interview, the K-1 visa applicant fiancé(e) will be asked questions to establish their eligibility for the K-1 visa. They should be prepared to provide documentation supporting their relationship and demonstrate their intent to marry within 90 days of their arrival in the United States. If the interview is successful, the U.S. Consular officer will advise the K-1 visa applicant that they are suggesting that the application be approved. Following the successful interview, there is a waiting period of about 7-10 days before the Embassy/Consulate officially considers the visa as approved, whereby the non-citizen fiancé(e) can then pick up their passport and travel packet and make arrangements to travel to the United States.

FROM AN APPROVED K-1 VISA TO LANDING IN THE UNITED STATES

Finally, after this entire process, the K-1 visa applicant fiancé(e) can make their way to the United States to start connect with the U.S. citizen petitioner and start their new life together. Upon landing at a U.S. airport, the non-citizen fiancé(e) will be inspected by CBP where they will ask for the sealed travel packet. The CBP officer will then stamp the non-citizen fiancé(e)'s passport and welcome them into the United States. It's important to note that the K-1 visa holder is allowed to enter the U.S. only once on this visa, and they must marry their U.S. citizen petitioner within 90 days of arrival.

In conclusion, obtaining a K-1 visa involves a multi-step process after the I-129F petition is approved by USCIS. The journey includes transitions between government agencies and careful adherence to various requirements and provision of required documentation. While the processing time may vary, understanding each step and following instructions diligently can help smooth the path to reunification with your fiancé(e) in the United States.

If you are interested in filing a K-1 fiancé visa petition, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to work with you to assess your situation and if eligible, aid in applying for the benefits you are seeking. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.