We just received an approval notice for an I-129F Petition for Fiance Visa that we filed a few months ago. The client lives in Newport Beach, and has been dating his fiancee, who lives in Mexico, for over a year. We provided USCIS with proof that the couple has visited several times, corresponded continuously, and met each other’s families.
The fiance visa petition is the first stage of a three step process. The K-1 visa is available to fiance/fiancees of US citizens that seek to enter the US solely to conclude a valid marriage with the petitioner within 90 days of arrival. Minor children of fiancees can accompany on a K-2 visa. The I-129F visa petition must be accompanied by proof of: the bona fide intent to marry within 90 days of entry, no legal impediments to marriage (such as prior unterminated marriages), and evidence that the couple has met in person within the last two years.
The approved I-129F petition is generally valid for four months, but it may be revalidated for additional periods of four months. Once the I-129F petition is approved by USCIS goes to the consul, where the consular officer will schedule an interview and determine whether the foreign-born fiancee is eligible for an immigrant visa (admissibility issues). The consulate will not issue a fiance visa if the marriage would not be legal (e.g. polygamy or minor child seeking to marry). If the petitioning US citizen has previously filed two or more fiance visa petitions, the consulate can deny the visa. K-1 visas are generally considered hybrid visas meaning they are not immigrant or non-immigrant visas. The K-1 visa holder cannot adjust or change status to permanent resident under any basis other than marriage to the K-1 visa petitioner. If the marriage between the K-1 visa holder and petitioner does not occur within 90 days of entry, the foreign-born individual must depart the US.
In this case, the approved visa petition will now be forwarded to the US consulate in Ciudad Juarez for scheduling of the visa application interview. This process can take several weeks, but we intend to start preparing the necessary documents, forms and evidence. Our client is currently collecting police clearances from the countries in which she has previously resided.
Once the fiance visa is approved by the consulate, she will travel to the US to get married in the first three months. Then, we will file the I-485 for adjustment of status based on marriage to a US citizen.
If you are considering the K-1 visa process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand the options available to you and whether the fiance visa is a viable option.