K1 Nonimmigrant Visa
One may apply for a nonimmigrant visa as a fiancé of U.S citizens through a fiancé visa, if the applicant is currently outside the United States and intends to marry in a specific period of time, wherein the marriage must supersede upon entering into the U.S. of an Alien fiancé within 90 days, the reason being is that this visa cannot be extended, therefore, needless to say, they should get married within that period. In filing the petition for an Alien fiancé, they should both meet the eligibility requirements to qualify, such as the sponsor (petitioner) are U.S citizens, they are both in a legal age, are free to marry, and have met in person within the last 2 years before filing the petition. If the fiancé visa has been issued to the Alien fiancé he/she may travel and enter into the U.S. for 90 days to arrange the marriage ceremony, and once the marriage took place, then spouse of a U.S citizen may apply to adjust his/her immigration status for permanent resident to remain in the U.S.
A holder of a fiancé visa may also take an employment after applying for the permit to work by filing a Form-1765, application for employment authorization; one cannot work on a fiancé visa without the employment authorization, and later continue to work or extend after the status has been adjusted to Lawful Permanent Resident (LPR).
How to file for the Petition of your Alien fiancé (K1)?
When the sponsor (petitioner) is eligible to petition his/her fiancé, then it has to file Form- 129F Petition for Alien fiancé, where the instruction in completing the form is available online, including the most current correct fee at USCIS website, and file them along with the supporting documents at any USCIS lock box facility. Thereafter, the submission of the application for the petition of Alien fiancé, USCIS will then submit the decision to the National Visa Center (NVC). The NVC will then give you the case reference number and send the petition decision to the U.S. embassy consulate office and notify the applicant (Alien fiancé) with the letter and the corresponding reference number.
The fiancé applicant will then apply for the visa, by completing the DS- 160 online non immigrant applications, pay the visa application fee, prepare and submit the supporting documents like: the completed and printed DS- 160 application, your valid passport, documents showing both the fiancé and petitioner are both free to marry e.g, divorce or annulment papers, birth certificate, or death certificate (if applicable), police certificate, 2 pcs. 2X2 photographs and an affidavit of support Form – 134, which may be requested, and your proof of relationship, take a medical examination, and schedule to visit the embassy and attend an interview, bear in mind that the approval of the petition of Form-129F fiancé is valid until 4 months, however, in case your fiancé visa has not been approve yet, consular officer may consider to extend it.
Further to this, if your fiancé visa has been approved; you will have your passport with K1 visa (temporary) and a sealed packet containing all your civil documents, it is vital to note, of not to open that sealed packet as this might be open amid the time you touch base at the port of entry in the U.S.