The petitioner of a K1 visa must:
1. Be a United States Citizen Aged 18+
The U.S. petitioner must be at least 18 years old, and be able to prove he or she is a United States citizen. Green card holders are not eligible for the fiance visa. They are, however, eligible for a CR1 visa, although the process can take up to two years or longer.
2. Be Legally Free to Marry
If the petitioner was ever married before, he or she must provide proof that any such marriage has been legally terminated through death, divorce, or annulment. This is usually proven with evidence such as a death certificate or divorce decree.
3. Intend to Marry Within 90 Days
The petitioner must convince USCIS agents and consular officers that the relationship is “bona fide”, and that he or she truly intends to marry within 90 days of entry. This is to avoid fraud from scammers marrying U.S. citizens for the sole purpose of immigration.
4. Have Physically Met the Fiance Within 2 Years
The couple must prove that they have physically met in person at least once within the last 2 years. This doesn’t mean they need to know each other for 2 years, just that within the last 2 years, they have met. Skype doesn’t count.
5. Meet the Income Requirement
Some visas count on the alien’s financial ability. The K1 visa counts on the U.S. petitioner’s financial ability. They must meet the minimum income requirements, or use alternatives to meet the requirement.
Options If You Don’t Meet the Requirement
In certain cases, you may be able to use a joint sponsor or assets in lieu of income. Please call us for specifics on your situation.
NOTE: The income requirement is one of the most common reasons for denial. You need to prove you qualify through documents like tax returns and pay stubs.
K1 Visa Timeline
The entire K1 visa timeline can vary greatly from person to person. Some attorneys who do a few of these a year might estimate the average at about a year. As of 2017, if you do everything correctly, avoid getting a request for evidence, and aren’t from a high-fraud area, the process is taking on average from 5 to 6 months, from start to finish.
1. NOA1: 1 to 3 Weeks
After you file the I-129F, you will get notification that the USCIS has received it (NOA1/Notice of Action 1).
2. NOA2: 3-5 Months
Quite likely the most frustrating wait. This is the time between USCIS receipt and approval. You’ll be notified via NOA2.
3. NVC Notice: 2-3 Weeks
When your case moves to the National Visa Center.
4. Embassy Phase: 1-2 Months
When your case moves to the local U.S. embassy.
5. Visa Granted: 2-5 Days
The time after approval until you get the visa in-hand.
For a more detailed description of the process, go here.
Factors That Can Affect Your Timeline
Some countries have longer processes that can be brought on by the local embassy workload, conflicts in the area, or other unexpected delays.
Requests for Evidence (RFE)
The most common delays are brought on by RFEs. The vast majority of these can be avoided if your petition is assembled professionally.
In the past, influxes of USCIS workload have affected overall timelines. This could be brought on by changes in immigration processes or policies.
Quality of Your Petition
Petitions that are easy to move through and approve tend to get approved faster.
Natural Disasters, War, Terrorism
Events such as these are out of your control can cause unexpected delays.
Approved Processes from Advance Visa