APPLYING FOR K-VISAS (Fiance/Fiancee of a U.S. Citizen)
Processing an application for a K-1 Fiance(e) visa resembles immigrant visa processing:
- A U.S. citizen petitions the Immigration and Naturalization Service (INS) for the alien who will be his or her spouse.
- The applicant must take a medical exam, provide pictures, and fill out biographic forms.
- The applicant provides civil documents: police, marriage, and divorce records and birth certificates.
The K visa procedure is as follows:
- The American citizen files a petition on Form I-129F or the revised Form I-130 at an INS office in the U.S. to admit the alien as a fiance(e).
- After approval, the petition is transmitted to the consular office where the alien fiance(e) will apply. The alien is notified that the consular office has received the petition and is requested to provide certain documents and complete forms.
- Alien must apply for his or her K visa within the four month validity of the petition. The alien must then enter the United States within six months, marry the American petitioner within 90 days of admission, and apply to INS for conditional resident status.
An applicant for a K visa must:
- Prove that he or she is legally free to marry the petitioner and intends to do so, and
- Prove that his or her present and prior marital status is as stated in the petition.
The applicant's children should be named in the petition.
The child (unmarried, under 21) of an alien classified K-1 is classified K-2. Such a child need not accompany the parent and, in fact, may apply for a visa to follow even after the parent has entered the United States, married and obtained permanent residence, if the child's application is made within one year of issuance of the K-1 visa.
The petitioner must file his or her K-visa petition in the United States through INS; U.S. diplomatic and consular missions abroad are not authorized to accept such petitions. Upon notification that their petitions have been approved, residents and citizens of countries of the former Soviet Union should apply for their K-visas at the following U.S. Embassies:
Residents of Russia, Central Asian Republics apply at U.S. Embassy Moscow
Residents of Latvia, Lithuania, Ukraine, Belorus apply at U.S. Embassy Warsaw
Residents of Moldova apply at U.S. Embassy Chisenau
Residents of Estonia apply at U.S. Embassy Helsinki