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K1 Fiance Visa Services - Indianapolis, Indiana

Welcome to the Law Offices of Jeffrey C. Pettys. My Law Practice specializes in marriage based immigration matters.
Our clients are US citizens who seek to obtain K1 Fiance and K3 Spousal Visas for their foreign fiances and spouses, foreign students who have fallen in love with a US Citizen while studying in the United States on a J-1 or F-1 student visa, and married couples, where one spouse is an illegal alien and wishes to become a Lawful Permanent Resident. For a full introduction to my law practice and services, please visit our main site home page.

Requirements for the K1 Visa

You are eligible for the K1 fiance visa if:

A.	You and your fiance are legally eligible to marry under the laws of your country as well as the laws of the U.S.

B.	You will marry the petitioning U.S. citizen within 90 days of entering the U.S.

C.	You intend to enter the U.S. solely to marry the U.S. citizen

D.	You have met the U.S. citizen within the last two years before filing for the K1 fiance visa. However, this requirement can be waived only if meeting your fiance in person would violate long-established customs, or would create extreme hardship for you

	A K1 fiance visa is a nonimmigrant visa, which allows a foreign fiancé or fiancée (to simplify things, we'll use "fiance" in the rest of this article) entry into the U.S. to marry a U.S. citizen. After marriage, an application is made for an adjustment of status for permanent residence. Obtaining the K1 visa is a multi-step process. First, the U.S. citizen files a petition to the U.S. Citizenship and Immigration Services (USCIS). Once that is approved, the foreign fiance will be allowed to complete the process to obtain a K1 visa. The foreign fiance will provide additional documentation to the local U.S. embassy, attend a medical exam and visa interview.

Filing the Fiance Visa Petition The U.S. citizen (also knows as the "petitioner") submits a petition for his or her foreign fiance (also known as the "beneficiary") to the USCIS. The petitioner submits Form I-129F Petition for Alien Fiance, along with Form G-325A Biographic Information, current fees and any required documentation to the appropriate USCIS Service Center. After a few weeks, the U.S. petitioner receives Form I-797, the first Notice of Action (NOA), from the USCIS acknowledging that the petition has been received. Depending on processing times, the petitioner then receives the second NOA from the USCIS acknowledging that the petition has been approved. The USCIS Service Center forwards the petition to the National Visa Center. The National Visa Center will process the file and run preliminary background checks on the beneficiary, then forward the approved petition to the beneficiary's embassy, as listed in the I-129F. Acquiring the Fiance Visa The embassy receives the file and processes it locally. The embassy sends a package to the beneficiary that includes a checklist of documents that must be collected. The beneficiary will be instructed to send certain items back to the embassy immediately, while other items will be brought to the interview. The beneficiary will complete the checklist and any forms, include any documents required immediately and send the package back to the embassy. Once received, the consulate will send a letter to the beneficiary confirming the date and time of the visa interview. The beneficiary attends a medical interview. The beneficiary attends the visa interview. The interviewing officer will review all documents, ask questions, and make a decision on the case. If approved, the K1 fiance visa will be issued that day or within the week, depending on the embassy. Activating the Fiance Visa - Entering the U.S. The beneficiary will travel to the U.S. within 6 months of the K1 fiance visa being issued. At the port of entry, an immigration officer will review the paperwork and finalize the visa, allowing the beneficiary to officially enter the U.S. First Steps - In the U.S. The K1 fiance visa holder should apply for a Social Security number shortly after entering the U.S. The couple may now apply for a marriage license. Watch your timing! Most states apply a short waiting period between applying for the license and the marriage ceremony. Marriage The happy couple can now tie the knot! The marriage must take place within 90 days of activating the K1 visa Adjustment of Status Now it's time to apply for an Adjustment of Status (AOS) to become a permanent resident. It is important to file for the AOS before the K1 expiration date, otherwise you will be out-of-status. If the foreign spouse wants to work in the U.S. or travel outside the U.S. before permanent resident status is granted, an Employment Authorization Document (EAD) and/or Advance Parole (AP) must be filed along with the AOS.

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