By Patricia Périssé Bochi, Immigration Attorney (20+ years of practice)
I am Patricia Périssé Bochi, an immigration attorney with over twenty years of experience representing families and fiancé(e) couples before USCIS, the National Visa Center, and U.S. consulates. I prepared this article to give clear, practical guidance so you can plan timelines, avoid common errors, and prepare strong evidence. This material is educational and not legal advice. For case-specific guidance, please contact my office to schedule a consultation.
1) It Is Not a Green Card
The K-1 is a non-immigrant visa that allows your fiancé(e) to enter the United States to marry within 90 days. After marriage, your spouse must file an Adjustment of Status (Form I-485) application to become a permanent resident. The K-1 is a bridge, not the destination.
2) You Must Have Met in Person
The U.S. citizen and the foreign fiancé(e) must have met at least once in person within two years before filing Form I-129F. Virtual contact is not sufficient. Limited exceptions exist for documented extreme hardship or strict cultural customs.
3) The U.S. Citizen Files First
The process begins when the U.S. citizen files Form I-129F with USCIS. After approval, the case moves to the National Visa Center (NVC) and then to the U.S. embassy or consulate for the visa application and interview.
4) Timelines Vary
End-to-end processing often takes many months and can extend due to background checks, post-specific procedures, and appointment availability. Plan conservatively and avoid non-refundable commitments until the visa is issued.
5) Evidence Matters
You must prove a bona fide relationship. Provide organized, dated evidence:
- Travel records: itineraries, boarding passes, passport stamps.
- Photos: together, with family and friends, across different dates.
- Communications: message logs, emails, and call records showing ongoing contact.
- Other: receipts, cards, and affidavits from friends or family.
6) Financial Support Is Required
The petitioner must show the ability to support the fiancé(e). Consulates require Form I-134 (Declaration of Financial Support) with tax returns, W-2s, and pay stubs.
7) The Interview Focuses on Your Relationship
At the embassy or consulate, the officer assesses whether the relationship is genuine. Expect questions about how you met, important dates, family, daily communication, and wedding plans. Prepare consistently and bring organized originals and copies.
Quick K-1 Roadmap
- File I-129F with USCIS.
- USCIS approval → NVC → Embassy/Consulate.
- Complete DS-160, medical exam, fees, and interview.
- Visa issuance → Entry to the U.S. → Marry within 90 days.
- File Adjustment of Status (I-485), work/travel permits, and later remove conditions if applicable.
Practical Tips
- Keep a relationship timeline with dated evidence.
- Verify post-specific instructions for medicals and document formats.
- Track document validity and name changes to avoid repeat requests.
- Ensure consistent answers between both partners.
Disclaimer: This article provides general information and does not create an attorney-client relationship or constitute legal advice. For guidance tailored to your case, please contact my office to schedule a consultation.
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