Steps to Bring a Nigerian Fiancé(e) to the U.S. with a K-1 Visa

Bringing a Nigerian fiancé(e) to the United States involves applying for a K-1 visa, commonly referred to as the fiancé(e) visa. This visa allows a U.S. citizen’s fiancé(e) to enter the U.S. for the purpose of marriage, provided the wedding occurs within 90 days of arrival. After the marriage, the non-U.S. citizen spouse can apply for adjustment of status to become a lawful permanent resident (green card holder).

This guide explains the detailed steps, eligibility requirements, and key considerations for successfully obtaining a K-1 visa to bring a Nigerian fiancé(e) to the U.S.

Overview of the K-1 Visa

Key Features of the K-1 Visa

1. Purpose: For foreign nationals engaged to U.S. citizens to marry and adjust their status.
2. Validity: The K-1 visa is valid for a single entry into the U.S. and requires marriage within 90 days of arrival.
3. Dependent Visas: Children of the K-1 visa holder may qualify for a K-2 visa to accompany the fiancé(e).

Eligibility Requirements

For the U.S. Citizen Petitioner

• Must be a U.S. citizen.
• Must have a bona fide intention to marry the fiancé(e) within 90 days of their arrival.
• Must provide evidence of meeting the fiancé(e) in person at least once in the past two years, unless meeting was not possible due to cultural, religious, or extenuating circumstances.
• Must meet the income requirements to sponsor the fiancé(e), usually at least 125% of the federal poverty guidelines.

For the Nigerian Fiancé(e)

• Must be legally eligible to marry.
• Must not have a criminal or immigration history that makes them inadmissible to the U.S.
• Must pass the required medical examination.

Step-by-Step Process

Step 1: File Form I-129F (Petition for Alien Fiancé(e))

The U.S. citizen petitioner initiates the process by filing Form I-129F with the U.S. Citizenship and Immigration Services (USCIS).

Required Documents:

• Completed Form I-129F.
• Proof of U.S. citizenship (passport, birth certificate, or naturalization certificate).
• Evidence of a bona fide relationship, such as:
  • Photographs together.
  • Travel itineraries.
  • Communication records (emails, messages, or letters).
• Proof of having met in person within the last two years (e.g., flight tickets, hotel receipts, or event photos).
• A signed statement of intent to marry within 90 days of arrival.

Filing Fee:

The current fee for Form I-129F is $535.

Step 2: USCIS Processing

Once Form I-129F is submitted, USCIS reviews the petition.

Typical Processing Time:

• 4 to 8 months, depending on workload.

Possible Outcomes:

• Approval: USCIS forwards the case to the National Visa Center (NVC).
• Request for Evidence (RFE): Additional documentation may be requested to clarify or strengthen the petition.

Step 3: Case Forwarded to the U.S. Embassy in Nigeria

Once approved, the NVC assigns a case number and sends the file to the U.S. Embassy or Consulate in Abuja or Lagos, Nigeria.

The Nigerian fiancé(e) will be contacted to schedule a visa interview.

Step 4: Complete Form DS-160 (Online Nonimmigrant Visa Application)

The Nigerian fiancé(e) must complete the DS-160 form online. This form is required for the visa application.

Steps:

1. Access the DS-160 form on the Consular Electronic Application Center (CEAC).
2. Fill out the form and upload a recent passport-sized photo.
3. Print the DS-160 confirmation page to bring to the interview.

Step 5: Pay the Visa Application Fee

The visa application fee for the K-1 visa is $265 and can be paid online or at designated banks in Nigeria.

Step 6: Schedule the Visa Interview

After completing the DS-160 and paying the fee, the Nigerian fiancé(e) schedules the visa interview at the U.S. Embassy or Consulate.

Documents Required for the Interview:

• Valid Nigerian passport.
• DS-160 confirmation page.
• Medical examination results.
• Police clearance certificate.
• Birth certificate.
• Affidavit of support (Form I-134) from the U.S. citizen petitioner.
• Proof of relationship (photos, correspondence, financial support records).
• Passport-sized photos (meeting U.S. visa requirements).

Step 7: Complete the Medical Examination

The Nigerian fiancé(e) must undergo a medical examination at a U.S.-approved clinic in Nigeria.

Medical Exam Requirements:

• Vaccinations.
• General health screening.
• Tests for communicable diseases such as tuberculosis.

Step 8: Attend the Visa Interview

The visa interview is a critical step where the consular officer evaluates the authenticity of the relationship and the applicant’s eligibility.

Tips for the Interview:

• Be honest and provide clear answers.
• Bring all required documents.
• Be prepared to discuss the relationship, including details of how you met, your communication, and your plans for marriage.

Possible Outcomes:

• Approval: The visa is issued within 7 to 10 business days.
• Administrative Processing: Additional review may be required, delaying the decision.
• Denial: If denied, the applicant may receive instructions for appealing or addressing the reasons for denial.

Step 9: Travel to the United States

Once the K-1 visa is approved, the Nigerian fiancé(e) can travel to the U.S.

Key Points:

• The marriage must take place within 90 days of entering the U.S.
• Failure to marry within this period may result in the fiancé(e) being required to leave the country.

Step 10: File for Adjustment of Status (Green Card)

After the marriage, the foreign spouse must apply for a green card by filing Form I-485 (Application to Register Permanent Residence or Adjust Status).

Documents Required for Adjustment of Status:

• Proof of marriage (marriage certificate).
• Form I-485 and supporting documents.
• Evidence of bona fide marriage (joint accounts, shared lease, etc.).

Key Considerations for Nigerians

1. Proving Relationship Authenticity

Given the prevalence of visa fraud, U.S. immigration officials often scrutinize relationships involving Nigerian applicants. Ensure all documentation is thorough and accurate to demonstrate the genuine nature of your relationship.

2. Meeting Financial Requirements

The U.S. citizen sponsor must meet income thresholds to ensure they can financially support the fiancé(e). If the sponsor’s income is insufficient, a joint sponsor may be required.

3. Cultural Differences

Understanding and respecting cultural differences between the U.S. and Nigeria can help avoid misunderstandings during the visa process.

Benefits of the K-1 Visa

1. Expedited Entry: Allows entry to the U.S. to marry without waiting for a spousal visa.
2. Family Inclusion: Children of the fiancé(e) can join under the K-2 visa.
3. Pathway to Permanent Residency: Transitioning to a green card is streamlined after marriage.

Conclusion

Bringing a Nigerian fiancé(e) to the U.S. on a K-1 visa requires meticulous preparation, from filing the initial petition to attending the visa interview. By understanding the requirements, gathering the necessary documents, and maintaining transparency throughout the process, couples can navigate the complexities of the visa system and begin their life together in the United States.

Thorough preparation and adherence to immigration guidelines are essential for a successful application, ensuring a smooth transition from fiancé(e) to permanent resident.