K-1 Visa Requirements
usnook | 2013-08-15 16:33

Ability to Marry
The visa applicant and the U.S. citizen must be legally able to marry. This means that the parties must meet the age, consanguinity and gender requirements of the state in which they wish to marry. Neither party may have a living spouse.

Meeting
Generally, the fiancés must have met in person within the last two years. Exceptions to this rule include when cultural norms prohibit women and men from meeting before they are married.

Petition for Alien Fiancé
The U.S. citizen sponsor must file a Petition for Alien Fiancé (Form I-129F). The form is initially filed with the U.S. Citizenship and Immigration Services (USCIS) and cannot be filed at a U.S. embassy or consulate. Information about the I-129 Form is available at the U.S. Citizenship and Immigration Services website.

Petition Processing and Approval
If the Form I-129F is approved by USCIS, it is then forwarded to the National Visa Center (NVC). The NVC reviews and documents the petition and sends it on the U.S. embassy or consulate where the noncitizen fiancé lives. The U.S. embassy or consulate will process the noncitizen's K-1 Visa Application.

Visa Application
After the NVC forwards the Form I-129, the noncitizen must apply for a K-1 Visa at her U.S. embassy or consulate. The application process involves an interview, document collection and medical examination.

Documents and Fees
At the interview, the applicant must provide several documents, including two Nonimmigrant Visa Applications (Form DS-156), One Nonimmigrant Fiancé Visa Application (Form DS-156K), a passport, a birth certificate, divorce or death certificates for previous spouses, police certificates, medical documents, financial documents, evidence of the relationship to the U.S. citizen and two photographs. The applicant must also pay processing and visa fees, which vary by circumstance.

Travel and Marriage
Processing time for approving the visa application will depend on the country and proper filing of all forms and documentation. Once approved, the K-1 Visa holder has 90 days to travel to the United States and marry the U.S. citizen.

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