How Long K1 Visa Process Takes?

By Richard T. Herman, Esq.

K-1 Visa Processing Time: From Start to Green Card

The K-1 visa allows US citizens to bring their foreign fiancé(e) to the US to get married and start the process of adjusting to permanent residency. The U.S. citizen fiancé files the necessary paperwork, including Form I-129F with USCIS, to initiate the process of marriage green card. The timeline varies but the K-1 petition with US Citizenship & Immigration Service (USCIS) takes 5-12 months and the green card application once in the US takes 6-12 months.

So, from door to door, some cases take 6 months. Others take 2 years. It’s hard to predict because there are many variables. The best strategy is to do whatever you can to minimize mistakes on your end to reduce the risk of delay.

The process is not easy. Here’s a step by step guide covering each phase from start to permanent resident.

Step 1: Filing Form I-129F (Petition for Alien Fiancé(e))

Processing Time: 5 to 12 months.

The K-1 process begins when the US citizen files Form I-129F with USCIS to prove the relationship, proof of petitioner’s citizenship and meeting requirement, allowing a foreign citizen fiancé(e) to marry a U.S. citizen within 90 days of arrival in the U.S.

Purpose:Form I-129F starts the K-1 process to prove the couple has a bona fide relationship with the intent to marry, that the petitioner is a US citizen, and that the couple met at least once in the past 2 years.
What to Include: I-129F requires documentation to prove the relationship is real, such as photos, travel records and communications. Additional documents may include birth certificates, passports and proof of US citizenship.
Initial Response: If filed correctly, USCIS will issue a receipt notice (I-797C) within 2-4 weeks. This notice will confirm the receipt of the petition and have a unique receipt number to track.
Rejection Risks: Incomplete or incorrect petitions will get a rejection notice which will delay the process. To avoid this make sure all required documents are complete and accurate. Important: About 10% of K-1 applications get rejected due to errors or omissions so review each section carefully before submitting.
Background Check: USCIS will review the petitioner’s background including any criminal history or issues under the International Marriage Broker Regulation Act (IMBRA).
USCIS Processing: Once submitted USCIS will process the application which takes 5-12 months. Processing times vary based on service center workload.

Current Service Center Processing Times

California Service Center: 15.5 months
Nebraska Service Center: 5.5 months
Potomac Service Center: 14 months
Texas Service Center: 12.5 months
Vermont Service Center: 8 months

Approval Notice:

If approved USCIS will send a Notice of Action to confirm the petition will be forwarded to the next stage. If additional evidence is needed USCIS may issue a Request for Evidence (RFE) which can add weeks or months to the timeline.

Monitoring Your K-1 Visa Application

To check the status of your K-1 application use the receipt number from your USCIS Notice of Action to track filing process on the USCIS website. If processing takes longer than expected you can submit an inquiry to USCIS.

Accuracy and Following Instructions

Processing times have increased over the years due to high demand and stricter requirements so accuracy is key.

Note: Only US citizens can file I-129F for a fiancé(e); green card holders are not eligible.

Step 2; Transfer to the National Visa Center (NVC)

Transfer Time: 4 to 6 weeks.

Once USCIS approves I-129F the case will be forwarded to the NVC for further processing.

Purpose: After USCIS approval the petition will be sent to the NVC who will assign a case number and prepare the case for the US embassy or consulate.
Processing Times: NVC will process and forward the case within 4-6 weeks after receiving from USCIS.
Potential Delays:
- Document Verification: Incomplete or incorrect documents will delay.
- Communication Issues: Delays in communication between NVC and USCIS and/or Embassy

Many questions arise for all dual citizens in the nation. Here are some helpful answers to all these frequently asked questions considering real-world issues.

Step 3: Embassy Processing

Processing Time: 3 to 6 months.

Once NVC receives the file from USCIS the case will proceed to the Embassy.

NVC Notification: NVC will assign a case number and send instructions to the US citizen petitioner and the foreign fiancé(e) on what to do next.
Key Requirements:
DS-160 Form: The foreign fiancé(e) will complete the online nonimmigrant visa application (DS-160) which is the official K-1 visa application form. A confirmation page must be printed for the interview.
Medical Exam: A medical exam with an embassy approved doctor is required. Wait for embassy instructions before scheduling.
Scheduling: The applicant will schedule an interview at the US embassy or consulate in their home country. Purpose: The designated US embassy or consulate will review the case, schedule the interview and process the visa application.
Processing Times: Vary by location. Note each Embassy has their own instructions on how to process the K-1.
Manila, Philippines: Interview appointments are usually scheduled within 2-3 months after NVC processing.
London, UK: Interview wait times can be 1-2 months.
New Delhi, India: Applicants can wait 3-4 months for an interview.
These are subject to change based on local conditions
Visa Interview Preparation:
Documentation: DS-160 confirmation page, passport, medical exam results, proof of relationship.
The Interview: The foreign fiancé(e) will attend the interview and present their documents and answer questions to confirm the relationship. The US citizen petitioner does not need to attend but some embassies allow it if desired.

Visa Issuance:

Decision Timeline: The consular officer will usually make a decision by the end of the interview or shortly after. If approved the K-1 visa will be issued within 1-2 weeks. After the interview the K-1 visa will be issued and placed in the applicant’s passport.

Potential Delays:

Administrative Processing: Some cases require additional background checks which can take weeks or months.
Incomplete Documentation: Missing or incorrect documents will delay the decision or visa issuance.

Note: The I-129F petition is valid for 4 months but the embassy can extend this period at their discretion if there are delays.

Enter the US and Marry Within 90 Days

Once the visa is issued, the foreign citizen fiancé can enter the US and must marry the US citizen sponsor within 90 days of arrival.

What happens:

The K-1 visa holder will enter the US, go through CBP and get a 90 day stay to marry the US citizen sponsor.
Plan the wedding within the 90 day period or else there will be issues with immigration status.

Potential Delays:

Travel Arrangements: Make sure the fiancé(e) can enter the US within the validity of the visa which is usually 6 months from issuance.
Documentation at Port of Entry: Bring all documents and proof of approved visa.

Important: Failure to marry within 90 days requires the K-1 visa holder to leave the US as the visa cannot be extended. Marriage to the K-1 petitioner after 90 days and pursuing adjustment of status is still possible.

In that case an I-130 petition will need to be filed concurrently with the I-485. Also in this situation, K-2 derivatives if they turn 18 before the marriage after 90 day period will not be eligible to adjust status.

Step 4: File Form I-485 Adjustment of Status (AOS)

Processing Time: 6-12 months.

Purpose: Filing Form I-485 allows the K-1 visa holder to adjust status from nonimmigrant to permanent resident (green card holder).
Required Documents: Along with Form I-485 the applicant will need to submit marriage documents, identification, medical exam results and proof of financial support from the US citizen spouse.
Additional Applications: Applicant can also file:
Form I-765 (Employment Authorization Document): Allows applicant to work while waiting for green card approval.
Form I-131 (Advance Parole): Allows travel outside the US while the green card is processing.
EAD and Advance Parole Timeline: These are usually approved within 6 months.

KEY TIP:

Key steps to take:

Marry as quickly as possible within the 90 day window.
File the I-485 as quickly as possible after marriage.
The quicker you file, the quicker you can receive work authorization, travel document, and approval of the green card.

Processing Update: Include as much evidence of the bona fides of the relationship as possible. For some cases, USCIS will waive the interview for the I-485, which could mean an expedited adjudciation.

Important Notes on Employment and Travel During Adjustment of Status

Employment Authorization: With an approved Form I-765 applicant can work while waiting for green card approval, gives financial flexibility.
Advance Parole: Approved Form I-131 allows the applicant to travel internationally during the green card process. Without Advance Parole leaving the US may result in application abandonment.

Note: Filing Forms I-765 and I-131 with Form I-485 is common. However, there are additional filing fees, which cause some applicants to consider whether filing both is necessary in their case.

Key Point: Delaying AOS after marriage can cause problems so file as soon as possible

Common Problems That Can Cause Delays

Incomplete Forms and Missing Documents: Missing or incorrect information is the number one cause of delays. Review all forms and required documents carefully.
Requests for Evidence (RFE): USCIS or the consulate may request additional documents if they need more proof of eligibility.
Background Checks: Be prepared for additional checks especially for applicants from countries with high security clearances. The Department of Homeland Security plays a critical role in managing immigration matters related to the K-1 visa.
Backlog in USCIS or Consulate Workload: Heavy volume of applications at specific USCIS service centers or consulates can cause delays.
Insufficient Evidence of Relationship: Lack of proof of the relationship can cause scrutiny and delays.
Medical Examination Issues: Health issues found during the medical exam can delay visa issuance.
Legal or Criminal Issues: Past legal problems of either party can cause additional checks and delays.
Communication Lapses: Delayed response to USCIS, NVC or embassy requests can cause delays.
Missed Deadlines: Respond to any requests for additional information or corrections as soon as possible.

Tips to Avoid Delays

Proper Preparation: Make sure all forms are complete and accurate and gather all required documents.
Prompt Response: Respond to any requests for additional information or documents.
Organized Documents: Keep records clear and organized.
Legal Assistance: Consult an immigration attorney if you have complex cases.

K-1 Visa Process Summary

The K-1 visa is a way for US citizens to bring their foreign fiancé(e) to the US. After marriage the foreign spouse can apply for green card and start living in the US. The entire process from start to green card takes around 15 to 21 months.

File Form I-129F: 5-12 months.
Submit Form DS-160 and Attend Visa Interview: 3-6 months.
Enter US on K-1 visa and marry: 0-3 months.
File Form I-485 for green card: 6-12 months.

With proper preparation, documentation and prompt response to any USCIS or embassy requests applicants can avoid common mistakes and make the process smoother.

FAQs on K-1 Fiancé(e) Visa Processing Time

1. How long does the entire K-1 visa process take?

The full K-1 visa process typically takes 6 to 18 months. This timeframe can vary based on several factors, such as the processing speeds of U.S. Citizenship and Immigration Services (USCIS), the National Visa Center (NVC), and the U.S. embassy or consulate handling the case.

2. What are the main steps in the K-1 visa process, and how long does each take?

i. Filing Form I-129F with USCIS: 5 to 12 months
ii. Case Creation and Review at the NVC: 2 to 4 weeks
iii. Completing the DS-160 and Scheduling the Embassy Interview: 3 to 5 months
iv. Visa Interview and Approval: 1 month
v. Entering the U.S. on K-1 Visa: Must marry within 90 days of arrival

3. What can cause delays in K-1 visa processing?

Common causes of delays include:

i. Incomplete Applications: Missing or inaccurate information on forms can lead to Requests for Evidence (RFEs).
ii. Backlogs at USCIS and NVC: High demand and staffing shortages can extend processing times.
iii. Administrative Processing: Additional security checks can add weeks or months.
iv. Embassy Wait Times: Each embassy may have different wait times for interviews due to local demand.

4. Can I expedite my K-1 visa processing?

Expedited processing is possible but rare and is only approved under extraordinary circumstances, such as:

i. Severe Financial Hardship
ii. Military Deployment
iii. Medical Emergencies
iv. Humanitarian Reasons (e.g., political instability in the foreign fiancé(e)’s country)

Expedite requests can be made to USCIS with supporting documentation but are typically reserved for urgent cases.

5. How can I check the status of my K-1 visa application?

You can track your application status online:

i. USCIS Case Tracker: Use your receipt number from Form I-129F to check your case status on the USCIS website.
ii. NVC Status: Once your case is with the NVC, you can use your case number to check the status on the CEAC website.

6. Why is my K-1 visa case taking longer than the estimated processing time?

Processing times are estimates and may be impacted by:

i. USCIS Workload: High application volume can extend times.
ii. Complex Background Checks: Some cases require additional scrutiny.
iii. Incomplete or Inaccurate Forms: Missing information can trigger RFEs, which add time.
iv. Unexpected Backlogs: Temporary staffing shortages or increases in applications can impact timelines.

7. What is a Request for Evidence (RFE), and how does it affect the timeline?

An RFE is issued by USCIS when additional documentation is needed. It extends processing times by the time it takes for you to gather, submit, and USCIS to review the additional information. Responding quickly and thoroughly can help prevent further delays.

8. How long does it take to schedule the embassy interview after NVC processing?

Once the NVC forwards the case to the embassy, it can take 1 to 3 months to receive an interview date. This varies by embassy, as some locations have longer wait times due to local demand or regional backlogs.

9. What documents are required for the K-1 visa interview?

Key documents include:

i. Form DS-160 Confirmation (submitted online)
ii. Passport (valid for at least six months beyond intended entry date)
iii. Birth Certificates
iv. Proof of Relationship (photos, communication records, affidavits from family/friends)
v. Medical Examination Results (from an embassy-approved doctor)
vi. Police Certificates from all places where the applicant has lived for more than six months since the age of 16

10. What happens if my K-1 visa is approved at the interview?

If approved, the K-1 visa will be issued within 1 to 2 weeks. The visa is valid for six months for a single entry to the U.S., where the foreign fiancé(e) must marry the U.S. citizen sponsor within 90 days.

11. What if my K-1 visa application is denied?

Denials typically result from missing evidence, incomplete forms, or concerns about the legitimacy of the relationship. You may appeal or reapply depending on the reason for the denial. Consulting with an immigration attorney is often recommended in these cases.

12. How long does it take to adjust to a green card after marriage?

After marrying within the 90-day period, the foreign spouse can file Form I-485 to adjust status to a lawful permanent resident. This step takes an additional 7 to 9 months on average.

13. Can my fiancé(e) work while waiting for a green card after marriage?

Yes, your fiancé(e) can apply for a work permit (Employment Authorization Document or EAD) by submitting Form I-765 with the I-485 application. The work permit is typically approved within 3 to 6 months.

14. Is it possible to travel outside the U.S. before receiving the green card?

To travel internationally, the K-1 visa holder must apply for Advance Parole (Form I-131) along with the I-485 application. Travel without it may result in the abandonment of the green card application.

15. Does the K-1 visa allow for children to come to the U.S. with the foreign fiancé(e)?

Yes, unmarried children under 21 years of age can apply for a K-2 visa, which allows them to accompany the K-1 visa holder to the U.S. They must adjust their status after the K-1 holder marries the U.S. sponsor.

16. How are K-1 visa backlogs affecting processing times?

USCIS and NVC are experiencing backlogs, especially since COVID-19, causing delays in some service centers and embassies. These backlogs mean that even estimated times are subject to delays based on service center and embassy resources.

17. What can I do if my K-1 visa case is outside normal processing times?

If your case is beyond typical processing times:

i. Contact USCIS directly to submit a case inquiry.
ii. Use your receipt number to check your case status on the USCIS website.
iii. Consider consulting an immigration attorney if delays persist without clear explanation.

18. Can I choose which U.S. embassy or consulate processes the K-1 visa?

Generally, the visa must be processed at the embassy or consulate closest to the foreign fiancé(e)’s residence. Some exceptions may apply, but they are rare and need specific consular permission.

19. Can a K-1 visa be converted to another visa type if marriage doesn’t happen within 90 days?

No, the K-1 visa does not allow for conversion to another visa type. If the marriage doesn’t occur within 90 days, the K-1 visa holder must leave the U.S. to avoid accruing unlawful presence, which could impact future U.S. visa eligibility.

20. How can I stay updated on current processing times?

You can:

i. Check the USCIS processing times page and select the relevant service center.
ii. Visit the U.S. Department of State’s NVC page for updates on consular processing and interview wait times.
iii. Use third-party tools, such as the Ultimate Tracker, which provides processing estimates and case updates.

The K-1 visa process may be complicated but can be managed properly with preparation and prompt response. Total processing time is 6-18 months on average but location, embassy wait times and documentation can vary. Follow each step carefully, prepare thoroughly and respond to all immigration requests to minimize delays and be with your loved one sooner.

The Herman Legal Group, immigration lawyers for nearly 30 years, is ready to help you.