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How to Begin the Visa Process

How to Begin the Fiancé(e) (K-1) Visa Process

 

What is a fiancé(e) visa?

A fiancé(e) visa (or K-1 visa) is technically a nonimmigrant visa. Because the process is similar to that of an immigrant visa, however, the Immigrant Visa Unit of the U.S. Consulate General in Ciudad Juarez handles fiancé(e) visas. The fiancé(e) visa is for foreigners who wish to marry a U.S. citizen in the United States and then become legal permanent residents without having to leave the United States. K-2 visas are for the children of K-1 applicants.

How do I obtain a fiancé(e) (K-1) visa?

Your U.S. citizen fiancé(e) must file a Form I-129F (Petition for Alien Fiancé(e)) by mail at the U.S. Citizenship and Immigration Services (USCIS) Service Center in the United States with jurisdiction over your fiancé(e)’s place of residence. If your fiancé(e) is living outside of the United States, he or she must file the petition by mail at the USCIS Service Center in the United States with jurisdiction over his or her place of last residence in the United States. Once your fiancé(e) has filed a petition for you, you may check its status by accessing the USCIS Case Status Search Page. USCIS forwards the approved petition to the Department of State’s National Visa Center, which then sends it to the Immigrant Visa Unit of the U.S. Consulate General in Ciudad Juarez. The Immigrant Visa Unit will send you a Package of Instructions for K-1/K-2 applicants. Please follow the instructions exactly. Failure to do so could result in a delay in your case and could even cause you to lose your chance to live and work in the United States. The consular officer cannot decide whether or not to issue you a visa until you formally apply and are interviewed. Therefore, we strongly recommend that you NOT make non-refundable flight arrangements or other travel plans until and unless you actually receive your visa. You have ninety (90) days from entry into the United States in which to marry your U.S. citizen fiancé(e). After your marriage takes place in the United States, you and your U.S. citizen spouse must contact USCIS to change your status to that of legal permanent resident. The change of status is NOT automatic.

What documents are required for my interview at the Consular Section? 
  • Mexican passport: a passport must be valid for travel to the United States and must have at least six months validity beyond the issuance date of the visa.  If you are not a Mexican citizen you may bring a valid passport from your country.
  • Follow instructions to apply for a medical exam;
  • Original and photocopy of applicant’s birth certificate (applicants with non-English or non-Spanish birth certificates must submit a notarized translation with the original and photocopy).
  • If petitioner or fiancée have been married previously, must bring original and photocopy of proof of termination or dissolution of each such prior marriage.
  • Persons convicted of a crime must obtain a certified copy of each court record and any prison record, regardless of the fact that they may have benefited subsequently from an amnesty, pardon, or other act of clemency.
  • Complete, but do not sign the attached Intend to Marry Affidavit (CDJ-401 form).
  • Two un-mounted full-face photos, taken within the past six months, the applicant should be facing the camera directly and the face should cover about 50 percent of the area of the photo. Picture taken showing the applicant looking down or to either side will not be accepted.  It is preferable that the ears be exposed.  The head of the applicant measured from the top of the hair to the bottom of the chin from hairline side-to-side should measure 1 inch to 1 1/2 inches. The photograph should measure 2 inches square with the face centered in the frame.  Prints may be either in color or black and white and must be taken against a white or off-white background.  Photos should be printed without borders.  Note:  all applicants require photograph, do not matter the age.
  • If you have obtained any type of U.S. non-immigrant visa (for example, tourist visa, laser visa, student visa, etc.)  you must bring it the day of the appointment. 

NOTE:  If your fiancée have been married before and have unmarried children under age 21 who will accompany or follow he/she to the United States, must present valid, original birth certificate, medical exam, photographs and the DS-156 form by duplicate.

 

 In addition to the listed documents, you or your fiancée must proof to have adequate means of financial support and will not become a public charge in the United States.