1. The Procedure of a K-1 visa Application

The length of K-1 visa application time varies from case to case according to its circumstances. Some cases are delayed because the applicant does not follow instructions carefully or supplies incomplete information. It is important to give correct addresses and telephone numbers. In addition, the U.S. Embassy or Consulate may need to get security clearances for the applicant. Security clearances take time. There are three steps that the parties must undertake:

1) The U.S. citizen must file an I-129F petition with the USCIS;

2) Once the I-129F is approved, the USCIS will notify the American Consulate abroad specified on the petition; 

3) The alien fiancée/fiancé should submits an DS-156 non-immigrant visa application with a completed I-693 medical examination form and other requested documents to the U.S. consulate, for the issuance of the K-1 visa. Normally, an interview will be conducted at the U.S. consulate before the K-1 visa is issued. 

2. The Required Evidence of K-1 Visa Application

The K-1 fiancée visa processing times vary with each individual’s circumstances. Under normal circumstances, it takes 3 to 5 months at the USCIS plus 2 to 3 months at the U.S. Consulates to process the visa. To apply for a K-1 visa, a petition must be submitted by U.S. citizen to the USCIS along with:

1) Letter from the U.S. citizen stating the intention to marry each other;

2) Proof that the U.S. citizen and the alien fiancée/fiancé have met in person within two years of filing the petition (this may be waived for reasons like cultural issues or extreme hardship to the U.S. citizen);

3) Proof that both person are legally able to marry (age for getting married, no divorce pending cases etc);

4) Proof of U.S. citizenship of the petitioner;

5) Birth Certificate of alien fiancée/fiancé;

6) Divorce decree or Death Certificate of any previous spouse.

After the USCIS approves the petition, it will send the petition to the U.S. Consulate abroad, which will issue the K-1 visa. The consulate determines whether the foreign fiancée/fiancé would be eligible to receive an immigrant visa, before approving the K-1 visa.

3. After Obtaining a K-1 Visa

After an alien fiancée/fiancé has obtained a K-1 visa and entered the U.S., she or he must get married to the U.S. citizen who petitioned for him/her within 90 days of admission. After marriage, the alien fiancée/fiancé becomes the spouse. She or he may file an immigration petition and adjustment of status application or immigrant visa application to become a permanent resident.

The minor children of K-1 visa holders will be admitted for a period of time the same as that of their parents, or until the day before such children's 21st birthday or marriage, whichever is shorter. An alien admitted to the U.S. as a K nonimmigrant will be authorized to work after filing an I-765 application with the USCIS. 

The K-1/K-2 holders may enter the U.S. only one time with their K-1/K-2 visas. If they leave the U.S. before marriage, they need to apply for a new visa to come back. After they file the adjustment of status application, they are required to obtain Advance Parole before the trip abroad, in order to avoid abandonment of the adjustment application. 

After the marriage in U.S., the new spouse will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage is less than two years old at the time of adjustment to permanent residence status. The permanent resident status will expire in two years from when it was given, unless you successfully petition to have the condition removed. As a new couple, you need to file the Form I-751 during the 90-day period immediately before the second anniversary of the date your alien spouse was granted conditional permanent residence.

4. The Law to Protect International Marriage Victims of Domestic Abuse, and the Documents Needed to Comply with the IMBRA

President George W. Bush signed a bill into law on January 5, 2006 that is aimed at protecting foreign nationals who enter into marriages with U.S. citizens through international marriage brokers. These individuals are typically women, commonly referred to as mail-order brides, although it is now the Internet and certain Internet-based businesses that facilitate many of these arrangements. 

The law, known as the International Marriage Broker Regulation Act of 2005 (IMBRA), was passed as part of the reauthorization of the Violence against Women Act (VAWA). The purpose of such a law is to protect spouses in any abusive relationship, not only women. Even though VAWA refers to women in its title, and women traditionally are more often abused or victimized, the law has always been gender neutral and protects both women and men who are victims of domestic abuse.

As an U.S. citizen petitioner, If you have filed two or more Form I-129F K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver, you must submit a written request with the Form I-129F petition accompanied by documentation of your claim to the waiver.

If you have committed a violent offense against a person, USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist. The documents needed to comply with the International Marriage Broker Regulation Act in the Form I-129F petition include: 

1) If you have ever been convicted of crimes;

2) If you are seeking a waiver of the filing limitations imposed by IMBRA.

If you have committed a violent offense and seek a waiver, you must attach a signed and dated request for the waiver, together with evidence that extraordinary circumstances exist in your case, i.e., that you were being battered or subjected to extreme cruelty by your spouse, parent, or adult child at the time you committed your violent offense, you were not the primary perpetrator of violence in the relationship.