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Fiancé(e)
17 MINUTE READ

A fiancé(e) visa (or K-1 visa) is technically a nonimmigrant visa.  However, the Immigrant Visa Unit of the US Embassy in Buenos Aires handles the processing of this visa, because the application process is very similar to that of any other immigrant visa.  The fiancé(e) visa is for foreigners who wish to marry a U.S. citizen in the United States and then become legal permanent residents without having to leave the United States.  K-2 visas are for the children of K-1 applicants.

For more information about K visas, please click here.

Am I Eligible?

If you petition for a fiancé(e) visa, you must show that:

  • You (the petitioner) are a U.S. citizen.
  • You intend to marry within 90 days of your fiancé(e) entering the United States.
  • You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
  • You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
    1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
    2. If you prove that the requirement to meet would result in extreme hardship to you.

How to Apply

The Fiancé(e) Visa process begins with a filing of an appropriate visa petition.

Petition

If you are filing for your fiancee (K1 visa), you must file an I-129F petition with the USCIS office nearest your place of residence.

Required Documents

Once you have received notification that the petition has been approved,  the visa applicant must follow the instructions regarding the visa fees and documentation required for visa application.

If you filed an I-129F petition (for K visas) with USCIS and it was sent to the NVC:

The NVC will assign a case number starting with BNS and they will send it to the Immigrant Visa Unit at the US Embassy in Buenos Aires.  Once this office has received your K visa case from the National Visa Center, the Immigrant Visa Unit (IV Unit) will send you the K1/ K3 Instructions Package (PDF 2.3MB) including a checklist of required documents.  Once you have completed gathering and completing the information and forms required, you may schedule your final visa interview at Official Visa Information and Appointment system page.

Schedule an Interview

Appointments are necessary for immigrant visa interviews. Everyone applying for immigrant visa or K visa must appear in person: the principal applicant and eligible accompanying family members or derivatives.  Petitioners are not required to appear at the time of the visa interview; however, they are welcome to do so if they wish.

Visa interviews are conducted during the morning, with the exception of U.S. and Argentine holidays. We strive to process all applicants promptly and efficiently, but please plan for the process to take 2-3 hours.  Please be advised that your case will be delayed further if you are missing documents. Please do not purchase a plane ticket or make travel arrangements to go to the U.S. without confirmation of issuance of your visa.

If you are unable to appear for the interview, you may reschedule the appointment at the Official Visa Information and Appointment system page.  Rescheduling an appointment may result in a delay in processing your visa case.  You should try to reschedule your appointment only if absolutely necessary.

Medical Examination

The Immigration and Nationality Act (INA) requires that all immigrant visa applicants and certain non immigrant visa applicants (including K fiancée visa applicants), regardless of age, undergo a medical examination before receiving a visa.  The medical exam is valid for 6 months, unless there is a special medical condition, in which case the validity will be limited. Please click here (PDF 4.5MB) for detailed information.

We cannot accept medical examination results from other sources.  The fee for the medical exam, which is paid in pesos, is in addition to fees paid directly to the US government.

The Visa Interview and adjudication

Dear Applicant,

  • Please arrive no more than fifteen (15) minutes before your scheduled appointment time.
  • Only visa applicants, the parents of child applicants, and those assisting the elderly or disabled will be allowed into the Embassy.
  • To enter the Embassy, all persons must go through a security screening.  Please be advised that certain items are prohibited in the Embassy.  Any person refusing to comply with the security process will be denied entry into the Embassy.
  • Once you are inside the Embassy, you will be given a ticket number.  Please wait until your number is called and proceed as directed.
  • After you have completed the intake process, you will be interviewed by the Consular Officer.

If all the required documentation is in order and the interviewing officer is satisfied that the beneficiary qualifies for the immigrant visa, the visa will be authorized and you will receive your visa within one week. If not, you will be instructed how to proceed with your case.

If you are found ineligible for a visa, you will be given a refusal letter with the specific reason(s) why you were ineligible.

In certain circumstances, individuals who have been found ineligible for an immigrant visa under the Immigration and Nationality Act (INA) may be eligible to apply for a waiver of the ineligibility.  If the consular officer determines that an applicant is ineligible for a visa, the applicant may request for a waiver of the ineligibility from the U.S. Citizenship and Immigration Services (USCIS), which has jurisdiction for adjudicating all waiver applications. If there is a waiver available for the ineligibility, you will be given instructions on how to apply for a waiver. Not all visa ineligibilities are qualify for a waiver.

For further information, please see the USCIS I-212 page and USCIS I-601 waiver page.

If additional administrative processing of your visa is needed, this process can delay the final adjudication of your case.  The consular officer will provide you with a letter of instructions on how to proceed.

Interview

After you have paid the necessary fees and have gathered the required documents, you will be able to schedule the visa appointment at the Official Visa Information and Appointment system page.

Important Next Steps

After receiving confirmation that an interview has been scheduled, it is important that you (and any family members applying to immigrate with you) prepare for the visa interview. Review the attached K1/ K3 appointment instructions (PDF 2.3MB) regarding your interview at the US Consulate.

Fees

Please review the schedule of fees for updated information.

Case Status

 If you have filed the I-129F petition for a fiance(e) visa (K visa), please click here for further information regarding the petition status with USCIS.

If your I-129F petition has been sent to the US Embassy, and you have further questions about the status, please contact the Immigrant Visa Unit at BuenosAires-IV@state.gov