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14 July 2009

K-1 FIANCE VISA- STEP BY STEP GUIDE

Before you start, please download, print and fill-up the following form:

G-325A (Biographic Information)
I-129F (Petition for Alien Fiance)

Helpful terms:
Petioner= the US citizen
Alien Fiance= the US citizen's fiance


Timeline (approx) Step Information Notes
Varies 1.
U.S. Petitioner gathers various documents
U.S. Petitioner gathers various documents (birth certificate etc) to send with I-129F
* Start ASAP




N/A 2.
I-129f Package sent
U.S. Petitioner sends compiled I-129F package to Service Center (CSC or VSC)
* Triple check everything. Double check all forms with examples available online. Send postage with an return receipt requiring signature when it arrives at service Center (not necessary but highly advisable for peace of mind). Make a complete copy of the entire package.




2-3 Weeks 3.
1st Notice of Action (NOA)
U.S. Petitioner Receives first Notice of Action (NOA) acknowledging K-1 petition has been opened
*Typical wait time is 2-3 weeks after the Service Center receives the I-129F.




See Processing Times 4.
2nd Notice of Action (NOA)
U.S. Petitioner Receives second Notice of Action (NOA) acknowledging K-1 petition has been approved

* Start gathering documents needed by beneficiary (Fiance(e)) - See K-1 Guide.

*Beneficiary can research and prepare forms required by embassy.





2 Weeks 5.
Case Forwarded by your Service Center to the National Visa Center (NVC)
Case Forwarded by your Service Center to the National Visa Center
*Two weeks after you receive the NOA2 you can contact the NVC to see if they have received your approved I-129F. You can contact them at 603 334-0700. Their homepage is here. Welcome to the US Department of State! Things move much faster now :).




1-4 Weeks 6.
Case Forwarded by NVC to U.S. Embassy in your fiance(e)'s country
Case Forwarded to U.S. Embassy as specified in the I-129F.
*NVC uses DHL to send the package, which typically delivers a package worldwide within 3-5 business days.




1 week 7.
Case received by Embassy from NVC
Embassy receives package and processes it. They will then prepare a letter to be sent to the foreign fiance(e).
*5-7 business days after the NVC sends the package to the embassy, you can begin contacting the embassy to see if they have received it.




1 week 8.
Forms and Checklist sent to Beneficiary
Forms and Checklist sent to foreign Beneficiary (Fiance/e).
*This will be sent out within a week (typically less) from when the embassy processes the received petition. This package will include a checklist of items and paperwork that must be collected. Some will be sent back asap, and others will be sent back later or brought to the interview.




Varies 9.
Foreign Beneficiary compiles required forms
Beneficiary fills in Forms and assembles various documents
*The downloads section for K-1 Visa's has a list of some forms the fiance(e) will need. You can practice with these forms.




N/A 10.
Completed Forms sent to Consulate
Beneficiary sends completed Forms to U.S. Embassy





N/A 11.
Fiance(e) must attend medical interview prior to interview
Attend medical appointment.
*Some embassies require the medical the same day as the interview. Most require the interview to be done ahead of time and have the results sent to the embassy directly from the doctor.
*This may occur after an interview date is given.




1 week to issue date 12.
U.S. Embassy issues Beneficiary with Interview date
U.S. Embassy issues Beneficiary with Interview date
*This may occur before your have your medical. You will need to get the medical done before the interview as instructed by the embassy.




1 Month to interview 13.
Beneficiary has Interview at U.S. Embassy
Beneficiary has interview at U.S. Embassy for K-1 visa. All being well case is approved.
*K-1 visa will be issued either the same day or within the next week depending on the embassy with some exceptions.




N/A 14.
Beneficiary travels to and enters the U.S.
Beneficiary travels from their country to be with the U.S. Petitioner (Fiance(e)) in the US.
*Must enter the US within (typically) 6 months of the K-1 being issued.




5-20 minutes 15.
Point of Entry (POE) in U.S.
Beneficiary arrives at Point of Entry (POE) in U.S. and shows K-1 to the immigration officer.

* Depending on which U.S. airport you fly into (NY JFK) some will issue a temporary 90 day work authorization if asked for. If issued, the employment authorization ends on the day the K-1 expires. You will have to file for an EAD when (or after) you file for AOS. If you do not receive your EAD before your K-1 expires you must stop working until it is received.





1 hour (early morning) 16.
Apply for Social Security Number
Apply for Social Security Number (SSN)
*See the SSN step-by-step guide for more info. This will allow you to open a bank account and do other things (many states require this for a drivers licence, etc).




1 hour 17.
Apply for marriage certificate
Apply for marriage certificate. Must marry within 90 days of entering the U.S. on a K-1 visa.





VARIES! 18.
Get married
Get married. and give each other a pat on the back. You've both earned it!





1 hour (early morning) 19.
Change name on SSN
Go back to the SSA office and bring your SSN Card and marriage certificate. Change your name.





N/A
(File as soon as possible once you marry)
20.
Apply for Adjustment of Status (AOS), EAD, AP
Apply for Adjustment of Status (AOS). You should file as soon as possible. If you have not filed for AOS and your K-1 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status. You may also file for your EAD and AP at this time.
*EAD allows your to work (will need to reapply every year until your AOS application is approved). AP allows you to leave the country on a vacation / trip while your AOS application is being processed. Please read this regarding when to file for AOS and not becoming out-of-status.




See Processing Times 21.
Receive EAD / AP
Receive your EAD and AP via US Mail. You will have a biometrics appointment prior to being issued the EAD.





See Processing Times 22.
Interview for AOS (I-485 approval)
Interview appointment for AOS. When approved you will receive an I-551 stamp in your passport indicating you have been approved for AOS and will also receive your green card in the mail later.
*If your interview (and specifically the approval) occurs within 2 years of your marriage you will be granted a conditional permanent residency (2 year validity). If this happens you will have to apply to lift conditions 90 days prior to your 2 year green card expiring. If you are 'adjusted' greater than 2 years after you were married you should receive a normal 10 year green card.


Source: www.visajourney.com

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