If your Form I-129F, Petition for Alien Fiancé, has been properly filed, USCIS will initially respond by mailing you a letter that confirms receipt of the petition. The receipt letter is formally known as Form I-797C, Notice of Action (see example below) and arrives approximately 2-3 weeks after filing. If your Form I-129F has not been properly filed, USCIS may send a Notice of Action to reject the petition or may send a Request for Evidence that requests additional items. Either will significantly delay your request. So it’s important to prepare the I-129F correctly and submit all required documents according to the filing instructions.

Nearly 9% of Form I-129F petitions are rejected, and thousands more are denied. A poorly prepared petition can also delay the approval process and even create significant immigration problems. But when you prepare your I-129F on CitizenPath, we provide simple, step-by-step instructions and alerts to help you avoid costly delays. We even guarantee USCIS will accept your petition. No credit card is required to try it.
 

At this point in the process, USCIS does not conduct an interview. The purpose of the I-129F is to establish a valid relationship between the U.S. citizen and the beneficiary. The I-129F processing time is typically 5-7 months. USCIS will process your case at either the California Service Center or Virginia Service Center. Upon approval, USCIS will mail the U.S. citizen petitioner another I-797, Notice of Action (approval notice).

Next, USCIS will move the case to the U.S. Department of State. The USCIS service center forwards the case the National Visa Center (NVC). The NVC may contact the beneficiary for further processing requirements like submitting the visa application (DS-160) and payment of consular fees. Upon completion, the NVC coordinates with the U.S. embassy or consulate (typically in the foreign national’s country).

Once the embassy has reviewed the case, they will send a letter to the foreign fiancé (beneficiary) with instructions for scheduling the medical exam and interview. The letter will also provide a list of items that must be submitted and explain which items must be submitted immediately and which items should be brought to the K-1 visa interview.

The foreign fiancé attends the K-1 interview at the designated U.S. embassy or consulate. If children will join as K-2 visa holders, they must also attend the interview. The U.S. citizen petitioner is never required to attend the interview, but it’s generally encouraged where allowed. (Embassies in some countries do not allow the U.S. citizen to attend.)

The beneficiary will generally have a decision by the end of the interview. Typically, the embassy or consulate will issue the visa within a couple weeks.

Once the Department of State issues the K-1 visa, the beneficiary generally has a period of six months to enter the United States. The beneficiary will be provided with a visa packet to present at the port of entry. Upon entry the couple must marry within 90 days. If the couple does not marry, the K-1 visa holder must depart the U.S. before the 90-expiration.

In general, it may take approximately 6-9 months to obtain a K-1 fiance visa. As explained, the K-1 processing time can vary significantly based on the agencies that adjudicate the many steps. A poorly prepared I-129F petition can significantly increase this time line. Errors, omissions and insufficient evidence can result in major delays and even denials.

After marriage, there are several additional steps that must be taken so that the foreign spouse can remain in the United States, travel, and accept employment. These are not included in the above K-1 visa processing time line. After the wedding, the foreign spouse should seek to adjust status to permanent resident (green card holder) as soon as possible. This process includes submitting Form I-485, Application to Adjust Status, among other forms. The additional forms include Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, if the applicant wants to work and travel during the year long adjustment of status process.