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the_information_nexus/personal/k-1_visa.md
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🛂 Overview

The K-1 visa allows a foreign fiancé(e) of a U.S. citizen to enter the U.S. for the purpose of marrying within 90 days. After marriage, the foreign spouse may apply for a Green Card.


Eligibility Requirements

You may apply if:

  • You are a U.S. citizen.
  • You and your fiancé(e) intend to marry within 90 days of U.S. entry.
  • You are both legally free to marry.
  • You have met in person within the past 2 years, unless granted a waiver for cultural or hardship reasons.

📝 5-Step Process

Step 1: Petition (USCIS)

  • File Form I-129F to petition for your fiancé(e).
  • USCIS reviews, may request more info.
  • If approved, the case is sent to the National Visa Center (NVC).

Step 2: Visa Application (State Department)

  • NVC sends the approved petition to the U.S. Embassy/Consulate near your fiancé(e).
  • Your fiancé(e) applies for the K-1 visa and attends an interview.
  • If approved, the visa is valid for 6 months, single entry.

Step 3: Entry (CBP)

  • Fiancé(e) travels to the U.S. and is inspected by Customs and Border Protection (CBP).
  • CBP makes the final decision to admit.

Step 4: Marriage

  • Must marry within 90 days of entry.

Step 5: Green Card (USCIS)

  • After marriage, spouse files Form I-485 for Adjustment of Status (Green Card).
  • Interview is usually required.
  • If married less than 2 years, Green Card is conditional and valid for 2 years.
  • File Form I-751 to remove conditions before it expires.

🕒 Processing Times


🔗 More Info


Here is a deep technical reference guide for Form I-129F, Petition for Alien Fiancé(e), suitable for legal, immigration, or operations professionals needing precision and completeness.


🧾 Form I-129F: Petition for Alien Fiancé(e) or Spouse


📌 Purpose

Used by U.S. citizens to request:

  • A K-1 visa for a foreign fiancé(e) and their K-2 eligible children, to marry in the U.S. within 90 days of entry.
  • A K-3 visa for a foreign spouse and their K-4 children, while awaiting adjudication of Form I-130 (Petition for Alien Relative).

🔍 Edition & Format

  • Current Edition Date: 01/20/25
  • Ensure all pages match this edition; inconsistent versions may be rejected.
  • Edition date located at the bottom of each page.
  • Use Adobe Reader for viewing/printing.

🗃️ Filing Location

If using U.S. Postal Service (USPS):

USCIS
Attn: I-129F
P.O. Box 660151
Dallas, TX 75266-0151

If using FedEx, UPS, DHL:

USCIS
Attn: I-129F (Box 660151)
2501 South State Highway 121 Business, Suite 400
Lewisville, TX 75067-8003

Do not file at USCIS international offices.


💵 Filing Fee

  • Check current fee at USCIS Fee Schedule.

  • Payment Methods:

    • Money order, personal or cashiers check (payable to U.S. Department of Homeland Security)
    • Credit/debit card via Form G-1450
  • Important:

    • Fees are non-refundable.
    • Submit separate payments per form (no combined payments).
    • Use the USCIS Fee Calculator.

📥 Initial Evidence Checklist

Do not submit this checklist with the form.

🔹 For All Petitions (K-1 or K-3):

  • Proof of U.S. citizenship (one of):

    • Birth certificate (U.S.-issued)
    • Naturalization/citizenship certificate
    • Form FS-240 (CRBA)
    • Unexpired U.S. passport (copy)
    • Statement from a U.S. consular officer
  • Legal termination of prior marriages (if applicable):

    • Divorce decree, annulment order, or death certificate
  • One color passport-style photo each of petitioner and beneficiary (taken within 30 days)

  • Evidence of legal name change (if applicable)

  • G-28 (if represented by attorney)

  • Evidence supporting IMBRA waiver (if applicable)

🔹 K-1 Specific Evidence:

  • Proof of intent to marry within 90 days

  • Evidence of in-person meeting within 2 years OR

    • Request for waiver citing:

      • Cultural/social customs
      • Extreme hardship to petitioner

🔹 K-3 Specific Evidence:

  • Copy of Form I-797C (showing Form I-130 filed)
  • Valid marriage certificate

✍️ Form Completion Requirements

  • Mandatory Fields (Form will be rejected if missing):

    • Part 1: Petitioner's full name, DOB, mailing address, classification sought
    • Part 2: Beneficiarys full name, DOB, classification sought
  • Signature: Required. Unsigned forms will be rejected.

  • Use Tips for Filing Forms by Mail.


📲 E-Notification

  • Use Form G-1145 to get text/email confirmation of acceptance.
  • Clip it to the first page.

⚠️ Do NOT Include:

  • Electronic items (e.g., CDs, USBs, greeting cards with chips)
  • Graphic photos or DNA samples
  • Non-paper materials

Acceptable: photos or copies of evidentiary items.


🔄 Withdrawal Requests

  • Submit signed written withdrawal before visa issuance to USCIS.
  • If visa already issued: contact U.S. Department of State.
  • After K-1/K-3 admission to U.S., petition cannot be withdrawn.

🧯 Fraud and Victim Resources

  • Report suspected marriage fraud: ICE Online Tip Form
  • Victims of Immigration Crime: Contact ICE VOICE Office

⏱️ Processing & Status Tracking


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