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K1 Visa Timeline in 2021:

Everything You Need to

Know

One of the most commonquestions from U.S. citizenswho petition to bring theirforeign fiancé(e) to the U.S. is“How long is this process goingto take?” They understandablywant to be reunited with theirfiancé(e) as soon as possible.

In this guide, I’m going todiscuss the typical timeline inthe K1 Visa process, commonissues on K1 timing, and howto overcome these issues.

Overview:

Quick Answer

It takes USCIS approximately 6-8 months to process form I-129F. From there your

application will move to the National Visa Center (NVC) for a background check.

This takes about 2-4 weeks. The application then moves to a U.S. consulate. You

can expect it will take about 3-5 months for your fiancé(e) to have their visa

interview. If all goes well, they should receive their visa about a week later. Overall,

the process from when you file form I-129F to when your fiancé(e) gets their visa

takes about 10-15 months. Your fiancé(e) can then join you in the U.S. and will

have four months to do so. Once they enter the U.S., you will have 90 days to get

married. Once married, your new spouse can apply for a Green Card. Applying

from inside the U.S. is called Adjustment of Status. This process typically takes 1-2

years.

The K1 Visa allows the foreign fiancé(e) of a U.S. citizen to enter the U.S. with the

intention of getting married. Once married, your new spouse can apply for a Green

Card through the Adjustment of Status process. This will allow them to receive their

Green Card from within the United States. To be eligible for a K1 visa, you and your

fiancé(e) must meet certain criteria:

• You must be a U.S. citizen. The K1 visa is not available for fiancé(e)s ofPermanent Residents.

• You must plan to marry within 90 days of your fiancé(e)’s arrival to the U.S.

• You must both be legally free to marry. You must document that any previousmarriage ended through death, divorce or annulment.

• You must have seen each other in person at least once in the past two years.You can request a waiver in cases where you can prove that this would be asevere hardship or would violate long-standing cultural practices. However,getting such a waiver is difficult.

• You must be in a bona fide relationship. You must prove that you are in a realrelationship and not just one for immigration purposes.

• You must show that you can financially support your fiancé(e).

• You must not have been convicted of certain violent criminal acts. You canrequest a waiver in some circumstances.

• Your fiancé(e) must be admissible to the United Sates. Having a serious criminalhistory, previous immigration violations, certain diseases and other factors canmake them inadmissible. Waivers can be obtained in some circumstances.

1. File form I-129F, Petition for Alien Fiancé(e). You will need to include supporting

evidence related to the requirements outlined above. Once filed, you can

expect that it will take USCIS 6-8 months to approve it.

2. Your case is moved to the National Visa Center (NVC) for processing. The NVC

will conduct a background check on your fiancé(e). They then forward the

application to the U.S. consulate closest to where they live. This typically takes

about 2-4 weeks.

3. The visa appointment is scheduled and your fiancé(e) attends their

appointment. Your fiancé(e) must complete form DS-160 before scheduling

their consular appointment. They will also need to have a medical exam and

get police clearances. They need to bring those documents, other personal

documents and proof of your relationship to the visa interview. Generally, you

can expect this process to take anywhere from 3-5 months.

4. Your fiancé(e) receives their visa. This usually takes about 1 week. Some visa

applications are sent for additional administrative processing. This can add

several weeks or months to the timeline.

5. Your fiancé(e) travels to the U.S. You have been waiting a long time for this!

Once the visa is issued, your fiancé(e) will have four months to travel to the

United Sates. They can travel at any point once they received their visa. The

Department of State has been granting extensions due to travel limitations

caused by the COVID-19 pandemic.

6. Get married. You have 90 days to marry once your fiancé(e) arrives in the U.S.

This timeline cannot be extended.

7. Your new spouse applies for Adjustment of Status. Your spouse can apply for a

Green Card by filing form I-485, Application to Register Permanent Residence

or Adjust Status. The processing time can vary considerably depending on

where you live. You can generally expect it to fall in the 1-2 year range.

There are several factors that can have an impact on your K1 visa timeline. Someof these factors may be out of your control. There are some steps you can take tominimize potential delays.

1) Preparation – Having a well-prepared case can help shorten the processingtime. Make sure that you carefully follow all instructions and provide ampleevidence. If you don’t, USCIS may issue a Request for Evidence or theconsulate may send your application for administrative processing. This adds tothe total processing time. Anticipate any potential issues in either of yourbackgrounds. Possible issues include having a criminal record or immigrationviolations. Be sure to address any such issues. You must also convince bothUSCIS and the consulate that your relationship is real. Relationships were thecouple have major differences often get scrutinized more. Examples include bigdifferences in age, educational level and culture. Preparing a strong petitionthat can withstand scrutiny will help.

2) USCIS Workload – Unfortunately, USCIS has difficulty processing their caseload in a

timely manner. Some USCIS service centers and offices are faster or slower than

others. Where you live determines which one processes your case. Having a well-

prepared case and being well-organized can help you avoid delays such as Requests

for Evidence.

3) Country of Origin – The country where your fiancé(e) is from can have an impact on the

visa processing timeline. Some consulates have longer wait times for scheduling visa

appointments and visa processing. Some countries have multiple consulates, some of

which with faster timelines than others. Your fiancé(e) may want to check visa

timelines for more than one consulate before determining where to interview.

Additionally, some consulates have a reputation for tougher processing than others.

This is especially true for consulates in countries that are perceived to have high rates

of visa fraud. While this is a factor outside of your control, having a well-prepared case

can make the process go much more smoothly.

4) Catastrophic Events – War, civil unrest, natural disasters, global pandemics and other

such events and slow down or even stop visa processing. The events of the past year

illustrate how these events can upend lives. You might be left without many options in

such situations. Staying well informed puts you in a position to take advantages of

whatever options there may be.

A K1 visa allows a U.S. citizen to sponsor their foreign fiancé(e) so they can travel

to the United States. You must then marry within 90 days of their arrival. Once

married, your new spouse can apply for a Green Card through the Adjustment of

Status process. It can take about 10-15 months from the point of filing form I-129F

until your fiancé(e) receives their visa.

While some factors that can affect the timeline may be outside of your control, a

well-prepared case that follows USCIS instructions and anticipates potential issues

can help you avoid delays.

If you have questions regarding anything discussed in this guide, or if you

need help with your K1 visa, feel free to email me directly at

Michael@AshooriLaw.com. I’m very responsive via email and I would be

happy to help you with your fiancé(e) visa.

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