The K-1 Fiance Visa is the perfect Visa to bring a couple together in the United States. However, every country is different in terms of process, supporting document requirements, and processing time since everything depends on the US Consulate in that specific country. Here, we will specifically focus on Brazil and the Brazilian Fiance.
[Read this post in Portuguese]
What are the basic K-1 Visa requirements?
The Requirements are as follows:
- There must be a US Citizen in the Relationship
- The Relationship is bona fide and with love
- The US Citizen and Brazilian Fiances have physically seen each other (physically been in the same room, city, country) within the past 2 years
- The US Citizen and Brazilian Fiance intend to marry with the K-1 Visa within 90 days after entry
- The US Citizen and Brazilian Fiance are legally “free to marry,” meaning not married to anyone else
- The US Citizen has a stable income to support the couple, and that income overcomes Federal Poverty Level Guidelines.
What is the K-1 Fiance Visa Process in a Nutshell?
The K1 Fiance Visa Process is basically the following three (3) Steps:
- Step 1: Get the Relationship Recognized by USCIS in the I-129F Petition Process
- Step 2: After Approval of Step 1 and receiving an email from the US Consulate, apply for the K-1 Fiance Visa (DS-160) at the US Consulate in Rio de Janeiro
- Step 3: After Approval of the DS-160, entry into the US, Marriage within 90 days, apply for Lawful Permanent Residence / Green Card with the I-485 Adjustment of Status filing from K-1 Visa to Green Card
How Long is the K-1 Fiance Visa Process?
Unfortunately, the processing time fluctuates, and an exact time cannot be stated. Frequently, our office hears that someone “read online” or “heard from a friend that did it years ago” that the process only took a few weeks or a couple of months. True, it may have been quicker in the past. However, you can break down the following filings:
- I-129F for the K-1 (Visa Type: K-1/K-2 – Not yet married – fiancé(e) and/or dependent child)
- The DS-160 occurs within 4 months of I-129F Approval, and Brazil (since this post is only covering Brazil) usually completes the process around 2.5 to 3 months after approval of the I-129F
- I-485, and it will likely process at the USCIS Field Office closest to you
Since two filings belong to USCIS, below is a helpful article on finding up-to-date processing time with USCIS:
How much does everything cost?
Fees can easily change. However, please refer to the following items to find the most up-to-date information from the different Agencies:
- I-129F Petition with USCIS: https://www.uscis.gov/feecalculator
- I-485 Green Card Application with USCIS: https://www.uscis.gov/feecalculator
- DS-160 Visa Application with the Consulate: https://br.usembassy.gov/visas/fiancee/fees/
- K-1 Visa Immigration Medical at the Consulate: https://br.usembassy.gov/visas/fiancee/fees/
What are the Specific Brazilian K-1 Fiance Visa Requirements?
The US Consulate in Brazil will require the following items:
- The brazilian fiance must sign the Declaração de requerente em idade de casamento at time of interview, which a copy can be found here: https://br.usembassy.gov/wp-content/uploads/sites/32/2016/04/Declaracao-de-solteiro-marriageble-age-statement-application.pdf
- Registration in the US DOS Visa Appointment Service System specifically for Brazil: https://ais.usvisa-info.com/en-br/iv/information/iv_services
- Two Types of Brazilian Police Certificates are required: State Police Records (Atestado de Bons Antecedentes da Secretaria de Segurança Pública) and Federal Police Records (Atestado de Bons Antecedentes da Polícia Federal)
Why is the K-1 Visa only offered at the US Consulate in Rio de Janeiro?
The is actually a super common question. Not all US Consulates offer the same services. Additionally, not all US Consulates have Immigrant Divisions. Since the K-1 Visa is an “Immigrant” or “Green Card” process, it would require an “Immigrant Visa.” Currently, only Rio de Janeiro is the ONLY US Consulate that provides the K-1 Fiance Visa.
As a common follow-up question: how is the K-1 Visa an immigrant visa, when the DS-160 is the Non-immigrant Visa Application? In short, the K-1 is between the immigrant and nonimmigrant categories since they are transitioning to marriage to a US Citizen, and for the fact that the third step of the K-1 Fiance Visa Process would be the actual “green card application.”
Where can I find specific Rio de Janeiro consulate information on the K-1 Fiance Process?
Here is a link to the Consulate: https://br.usembassy.gov/visas/fiancee/the-interview-2/
Where can I find more information on the Immigrant Visa Process?
Here is a link provided by the US Department of State: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/RDJ-Rio-de-Janeiro.html
The above link is the 08/14/2019 edition, definitely check to make sure you have the most up-to-date version since it does update every one to two years. Since the Consulates have been moving away from PDF instructions, it is very possible they will just update the above link with new editions.
More of our Blog Posts:
Can I start an I-129F Fiancee Petition while waiting for my Divorce to Finalize?
My K1 Fiance Visa is expiring, do I have to leave the United States?
See more on our K-1 Fiance Page:
Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
