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K-1/K-2 FIANCE(E) VISASThe Immigration and Nationality Act provides nonimmigrant visa classification (K-1) for aliens proceeding to the U.S. to marry American citizens. The marriage must be concluded within 90 days of their admission into the U.S. Following the marriage, the alien spouse must apply to the Department of Homeland Security/U.S. Citizenship and Immigration Services (USCIS) to establish a record of entry for Conditional Permanent Residence (CR) status. After two years, the alien may apply to the USCIS for removal of the conditional status and change to Lawful Permanent Resident (LPR) status. FIRST: To establish K-1 visa classification for an intended alien spouse, an American citizen must file a petition, Form I-129F, with the Department of Homeland Security/U.S. Citizenship and Immigration Services (USCIS) office having jurisdiction over the place of the petitioner's residence in the U.S. Note: Such petitions may not be adjudicated abroad. An approved fiance(e) petition is valid for a period of four months from the date of USCIS action, and may be revalidated by the consular officer upon receipt of a written statement from the petitioner confirming that both petitioner and beneficiary are still legally able and willing to conclude a valid marriage in the U.S. Children under the age of 21 derive K-2 nonimmigrant status from the parent so long as the children are named in the petition. SECOND: The USCIS office will forward the approved I-129F fiancé(e) visa petition to the National Visa Center (NVC) in Portsmouth, N.H. That office will conduct certain preprocessing procedures and then forward the file to the Embassy. Upon receipt of the file the Immigrant Visa Unit at this Embassy will send a Packet of Instructions (forms DS-230-I Part I, two forms DS-156, form DS-156K, and a document checklist) to the applicant. THIRD: The biographic data form DS-230-I must be completed for each person applying for a visa, regardless of age. The form may be photocopied, if insufficient copies are received for each family member. The DS-230-I should be completed and returned immediately to the Immigrant Visa Unit. Failure to return the DS-230-I promptly will delay the processing of the application. FOURTH: Once the applicant has assembled all of the relevant documents required in support of the application, he/she must forward the signed document checklist to the Immigrant Visa Unit. These documents must not be mailed to the Embassy. It is required to furnish the original of all documents and one copy on the day of the formal visa interview. Upon receipt of the signed document checklist and the completion of any additional processing which may be required, the Immigrant Visa Unit will set appointment dates for the medical examination and the formal visa interview. The average processing time for fiance(e) visa cases is four to six weeks upon receipt of the approved I-129F fiance(e) visa petition. Fiance(e) visa applicants are required to pay the non-immigrant visa application fee which is presently US $ 131 or equivalent in local currency. Note: In the wake of the September 11 terrorist attacks against New York, Washington, DC and Pennsylvania, special processing requirements have been imposed on visa applicants of certain nationalities. These requirements may lead to significant delays in visa processing. However, every effort is being made to process all visa applications as expeditiously as possible, consistent with all relevant security concerns. FIFTH: If the consular officer finds the applicant eligible for a visa, the visa will be issued on the day of the interview. The visa is valid for one entry within six months. After arriving in the United States, the fiancé(e) is eligible to apply for a work permit. The marriage must be concluded within 90 days from the applicant's admission into the U.S. After the marriage the alien spouse has to apply for adjustment of status with the local USCIS office in the U.S. to change the status from non-immigrant to immigrant. e-mail: embassy@usembassy.at |
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   American Citizen U.S. Citizenship and Immigration Services (USCIS)       |
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