The Law Office of Ryan M. Gibson Uncategorized K1Fiance Visa Process part 3 of 3 – Consular Processing

K1Fiance Visa Process part 3 of 3 – Consular Processing

The K-1 Consular Process

The I-129f approval is simply the first major stage in the process. The second major phase is getting the visa in your hands at the consular post. The K-1 visa is a non-immigrant visa even though it is processed like an immigrant visa. A K-1 applicant must submit the following at the consular processing stage. Depending on which consulate you are applying to the documents and process may vary slightly.

  • DS-156
  • DS-156k
  • DS-230 ( if electronic filing is required you will be using the DS-260 or DS160).;
  • Police Certificates
  • Birth Certificates
  • Passport
  • Medical Report
  • Evidence that the applicant will not become a public charge
  • Divorce or death certificates
  • proof of relationship
  • Copy of K visa petition

Consular Interview and possible return (rejection)

The officer can and will ask questions to help him or her to determine if you are in a bona fide relationship. You should know each others personal and family history very well along with intimate details about each other. The questions often get uncomfortably personal so expect it. If the consular officer believes the K-1 visa to be fraudulent the petition will be returned to USCIS for further investigation. Then you must submit rebuttal evidence or in some cases you may have to refile the whole petition all over again. The lesson here is to be well prepared for the consular interview.

When K-1 Visa is issued

When the K-1 is approved and issued, it is valid for six months and a single entry. This gives the applicant six months to close out affairs in his or her home country before moving to the United States. Once the K-1 fiancé has entered the U.S. there is no way for him to leave the U.S. without first applying for advanced parole. The next step is to marry with 90 days of entry into the United states.

Not over yet

The K-1 visa is valid only for 90 days. After a valid marriage takes place the beneficiary must then file a complete adjustment of status package, including a an I864, Affidavit of Support. The medical report will not be necessary because it was competed at the consular processing stage.