What is a Fiancée?
A fiancé(e) is a person who is engaged to be married.

Should I apply for a K-1 visa or a K-3 visa?

In my experience the K-1 visa process is typically faster than the K-3 visa process, although processing times change frequently.    Please note that if a K-1 visa applicant marries their fiancee before the visa is approved the K-1 visa petition will no longer remain valid and the petitioner will need to file a K-3 petition.  You should consult an immigration attorney to determine which visa is the most appropriate for you.

Where is the Fiancee visa petition filed?
You must file the petition for Alien Fiancé(e) with the Department of Homeland Security Citizenship and Immigration Services (USCIS) office that serves your area of residence.

Note: You cannot file this petition at an embassy, consulate or immigration office abroad.

If the petition is approved by USCIS, it will be sent to the National Visa Center for processing. The National Visa Center performs security checks to ensure that the applicant is admissable to the United States.  After that it will be sent to the embassy or consulate where your fiancé(e) will apply for a K-1 nonimmigrant fiancé(e) visa.

Can I extend the petition?
The I-129F petition is valid for 4 months from the date of approval from USCIS. The petition can be revalidated by consular officers if it expires before the processing of the visa application is completed. Typically most consular officers revalidate the I-129F petition.

Is my fiancee considered an immigrant or non-immigrant?
Since the fiancé(e) visa allows the holder to immigrate to the and marry a citizen, the fiancé(e) must meet some of the immigrant visa requirements.  Consequently, the fiancee visa is also known as a "hybrid" visa.

What Must Happen After Getting the Fiancé(e) Visa?
Your fiancé(e) must enter the through a immigration port-of-entry.
You must get married within 90 days of your fiancé(e) entering the United States.  You should make sure that you marry within ninety days of entering the United States, because not complying with this requirement could make you ineligible for further immigration benefits.

Can a K-1 Fiancee Visa Holder Leave the United States? A K-1 visa allows your fiancé to enter the U.S. only once. If your fiancé(e) leaves the U.S. after entering on a K-1 visa, she will not be able to re-enter on the same visa. If your fiancé(e) needs to leave and re-enter the US, she must apply with the Application for Travel Document to the USCIS for Advance Parole which allows her return to the U.S.

Can a K-1 Fiancee Visa Holder Work in the United States?
A K-1 visa holder must file Form I-765 Application for Employment Authorization in order to obtain work authorization.

May my child accompany me to the United States?
A fiancé(e)s child may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the citizen, must name the child in the fiancé(e) visa petition.  After your petition is forwarded to the U.S. Embassy, the U.S. Embassy will request that you submit U.S. Embassy forms on behalf of your child.

Note: The child must be unmarried. The citizen must marry the fiancé(e) (child’s parent) before the child is 18 years of age.

How Long Will it Take?
Length of cases will vary according to circumstance. Processing by USCIS and consular offices take varying time periods. Cases can be delayed because the applicant did not follow instructions carefully or supplied inaccurate and/or incomplete information. Our office prevents unnecessary delays by filing an error free application.  In addition, the embassy or consulate may need to obtain security clearances for the applicant.

Most of our cases are approved at the the time of the interview or shortly thereafter.

What if the Applicant is Ineligible for a Visa?
Certain conditions and activities may make an applicant ineligible for a visa.

 These conditions include:

*Trafficking in drugs
*Having HIV/AIDS
*Overstaying a Previous Visa
*Practicing polygamy
*Advocating the overthrow of the government
*Submitting fraudulent documents

What is the Medical examination?

The medical examination consists of a chest X-ray and blood test, which includes testing for HIV infection (AIDS) and venereal disease.

Vaccination requirements: On the day of the medical examination, the physician will be required to verify that the applicant has had the following vaccinations if appropriate for age, medical condition or medical history.

(1) Mumps
(2) Measles
(3) Rubella
(4) Polio
(5) Tetanus and diptheria toxoids
(6) Pertussis
(7) Influenza type B
(8) Hepatitis B

(9) Varicella
(10) Pneumococcal

You should have your vaccination records available for the panel physician's review at the time of the medical examination. If a vaccination record is not available, the panel physician will assist the applicant in determining which vaccinations may be required and the panel physician may precede with taking the necessary vaccinations. Certain waivers of the vaccination requirement are available upon the recommendation of the panel physician. Only a physician can determine which of the listed vaccinations are medically appropriate for the applicant.

Who can notarize the signatures on the Affidavit of Support?

The Affidavit is a contract and so it must be notarized. A consular officer abroad, an adjudications officer from the USCIS, or a notary public can notarize signatures on the Affidavit. However, consular officers generally won’t accept Affidavits notarized by foreign notary publics. It’s always best to notarize the Affidavits in the prior to their submission.

What is the I-864A?

The I-864A is for the spouse, referred to as the “household member,” of any sponsor/co-sponsor whose income is included in the calculation of the federal poverty guideline requirements. If applicable, this form is filed with the adjustment of status (green card) application.  The household member agrees to make his or her income and/or assets available to the sponsor to help support the immigrant for whom the sponsor has filed an Affidavit. It may be possible for a sponsor who does not wish to involve his or her spouse to provide evidence of his or her own independent qualifying income, thereby obviating the need for this form.

What will happen at the U.S. Embassy Interview?

At the interview, the Consular Officer may ask the applicant questions regarding the relationship to determine whether it is real. The officer will also review the citizen fiance's financial documents to assess whether the petitioner meets the financial support requirements. If found eligible, the applicant will receive a K1 visa valid for up to ninety days. Sometimes, the officer may decide to conduct additional background security checks before issuing the K1 visa to ensure that the applicant does not have a criminal record or is a terrorist threat.  Many new consular officers have recently been hired and preliminary screening may be performed by a native of the country rather than a department of state officer.

For more information please visit the main website of immigration attorney Kaushik Ranchod.