The fiance petition (I-129F must first be filed with and approved by the U.S. Department of Homeland Security, Citizenship and Immigration Services (CIS) in the U.S. Next, the CIS sends the approved I-129F to the U.S. State Department for visa processing overseas at a U.S. Embassy where the beneficiary applies for a fiancé visa (K-1). Third, after the beneficiary receives a K-1 visa, the beneficiary travels to the U.S. to marry the petitioner. The final step follows the marriage, when the beneficiary seeks legal immigrant status with the CIS.
The petitioner must be a U.S. citizen, the petitioner and beneficiary must have met in person and both parties must be legally free to marry. The CIS requires that the petitioner mail an I-129F to the regional CIS center in the U.S. nearest to the petitioner's U.S. home for adjudication. The petitioner may expedite adjudication by:
- Listing a U.S. civilian contact address, as well as an overseas or APO/FPO mail address, if applicable;
- Listing ALL children of the beneficiary, living or dead, regardless of their location, and attaching copies of their birth certificates;
- Explaining, in detail, the circumstances of the initial meeting and following courtship, using extra sheets as necessary;
- Attaching evidence of an on-going relationship, e.g. transportation tickets, travel orders, letters, telephone bills, photographs;
- Providing documentary evidence of the petitioner's US citizenship and of the legal termination of any prior marriage of either party; and
- Enclosing the appropriate petition filing fee
It generally takes the CIS a minimum of 6 weeks to adjudicate an I-129F. Once approved, CIS sends the petition to the National Visa Center (NVC) in Portsmouth, NH for internal clearances, and then to the U.S. Embassy closest to the beneficiary's residence overseas for K-1 visa processing. Receipt of the approved petition overseas takes a minimum of 4 weeks. An approved I-129F is valid for four months from the date of approval.
When the U.S. Embassy Seoul receives the approved I-129F from the NVC, we send instructions and forms to the beneficiary. The instructions tell the beneficiary to gather and hold the following documents prior to the K-1 interview:
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Police certificates from countries where the beneficiary has resided after the age of 16;
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Medical examination of the beneficiary
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Sworn affidavit of financial support (Form I-134) from the petitioner, with evidence of income and assets attached
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Signed and dated letter from the petitioner addressed to the U.S. Consul, reaffirming the petitioner's intent to sponsor the beneficiary as a fiancé and to marry in the U.S. This reaffirmation letter will revalidate the I-129F if its USCIS approval is more than 4 months old;
For Korean applicants who have only lived in Korea, it takes a minimum of 4 weeks to complete the required pre-interview steps. It will take longer for other applicants. After gathering all the necessary documents, the beneficiary must request a K-1 visa interview. The beneficiary must bring all of the required documents to the interview.
A K-1 visa will be delivered back to the applicant via Embassy-approved courier within several working days if the beneficiary is found to be qualified. A K-1 visa is valid for six months for a single entry into the U.S. The parties must marry and report their marriage to the CIS within three months after entering the U.S. The beneficiary gains legal immigrant status (CF-1) in the U.S. upon CIS approval. If a beneficiary leaves the U.S. without having gained CF-1 status, the beneficiary must re-qualify for a new immigrant visa.
Processing time for each case differs depending on the circumstances of the case, how quickly the petitioner files the I-129F, when CIS approves it, how long it takes the NVC and U.S. Embassy to receive the approved I-129F, and when the beneficiary completes the necessary pre-interview steps. Both the petitioner and beneficiary should realize that this process is mandated by U.S. law and that it is not possible to waive any steps for any reason. We therefore urge that firm wedding arrangements wait until after the beneficiary has the K-1 visa in hand, since the K-1 visa is valid for six months.
For immigrant visa (IV) inquiries, please e-mail us at seouliv@state.gov.