What is a K1 Visa interview 4 months requirement
The first step required to apply for a fiance visa is submitting a petition using Form I-129F. This must be completed by the U.S. citizen petitioner. The remainder of the visa application process requires joint participation between the citizen petitioner and the non-citizen applicant. Once the petition is completed and approved by U.S. Citizenship and Immigration Services, the non-citizen fiance must complete the visa application process within a reasonable amount of time as defined by immigration regulations. For this reason, non-citizen applicants must apply for their K1 fiance visa within four months of the petition’s approval.
In some cases, visa seekers are not able to complete the application for their fiance visa in the four months following approval due to personal circumstances. Fortunately, individuals can ask for their petition to be revalidated at the U.S. embassy or consulate where they are completing the fiance visa application and interview process. Each embassy has a staff of consular officers who are responsible for revalidating I-129F petitions and handling K1 visa applications. Consular officers can revalidate petitions after the four-month time limit as long as both parties have not married someone else and the applicant remains free and willing to legally marry the U.S. petitioner.
To revalidate a petition, the consular officer must believe the couple intends to marry within 90 days of the non-citizen entering the U.S. with a K1 visa. If the petition is revalidated, the non-citizen has an additional four months to apply for a visa. Consular officers can revalidate petitions multiple times. However, with passing months, agents become more skeptical about the legitimacy of the relationship. If a consular officer believes the couple does not have a bona fide relationship or real marriage plans, the petition will not be revalidated, and the non-citizen party will not be able to complete the visa application process.
Consular officers are bound by stringent regulations, which explicitly state that agents should become increasingly concerned about a couple’s intentions as more time passes between the petition’s approval and the visa application. While there are many legitimate reasons why an applicant may delay the process, it is a red flag to consular officers that may indicate a couple that does not intend to marry or abide by the rules of the K1 visa. Applicants who do not apply for their K1 visa and complete an interview must demonstrate good cause to the consular officer for failing to apply within the standard four-month timeframe.
If you have not completed your interview and visa application four months after the approval of your I-129F petition, a licensed K1 visa lawyer can assist you with gathering information and making a strong case before the U.S. embassy or the consulate offices where you are applying for a K1 fiance visa.
Contact a K1 visa lawyer to learn more about applying for a fiance visa. We specialize in all aspects of the application and immigration process. For a free consultation, contact us by phone or e-mail today.