Understanding the K-1 Fiancé Visa Requirements and Application Steps

To successfully apply for a K-1 Fiancé Visa, which allows a foreign national to enter the U.S. to marry a U.S. citizen, certain conditions must be met. Below are the key requirements:

1. U.S. Citizen Sponsor: The petitioner must be a U.S. citizen. Green card holders are not eligible to sponsor a fiancé under this visa.

2. Intention to Marry: The couple must intend to get married within 90 days of the foreign fiancé’s arrival in the U.S.

3. Legally Free to Marry: Both individuals must be legally free to marry, meaning they are either single or have had any previous marriages legally terminated through divorce, annulment, or death.

4. In-Person Meeting: The couple must have met in person at least once within the two years preceding the filing of the K-1 visa petition, with certain exceptions for extreme hardship or cultural reasons.

5. Proof of Genuine Relationship: The couple must provide evidence of a genuine relationship, such as photos together, communication logs, or statements from friends and family.

6. Financial Requirements: The U.S. citizen sponsor must demonstrate that they meet certain financial criteria to support their fiancé. This typically involves providing proof of income or assets sufficient to meet or exceed 100% of the federal poverty guidelines.

   
   

Steps for Applying for a K-1 Fiancé Visa

To apply for a K-1 fiancé visa, a U.S. citizen sponsor must follow these steps:

1. Submit Form I-129F: The process begins by filing Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This includes submitting supporting documents and paying the required filing fee ($675).

2. Provide Evidence of the Relationship: Collect documentation to prove that your relationship is genuine. This may include photos, communication records, travel itineraries showing in-person meetings, and other relevant proof of a committed relationship.

3. Complete Form DS-160 and Form I-134: If USCIS approves the petition, the case will be forwarded to the National Visa Center (NVC) and then to the U.S. embassy or consulate in your fiancé’s country. At this stage, instructions will be provided to complete the online visa application, Form DS-160. The US citizen will also complete Form I-134, Affidavit of Support, to demonstrate your financial capacity to support your fiancé(e).

4. Complete a Medical Examination: Fiancé(e) must arrange and attend a medical exam with an authorized physician to evaluate if there is any condition that would render the foreigner inadmissible, and ensure all vaccinations are up to date.

   Participate in a Visa Interview: Fiancé(e) will need to schedule a visa interview at the U.S. embassy or consulate in their country of origin. A consular officer will review the application and supporting documents, and conduct an interview to evaluate eligibility for the K-1 visa.

5. Marry and Adjust Status: After the fiancé(e) arrives in the U.S. on the K-1 visa, both parties must marry within 90 days. After the marriage, the process of adjustment of status to become a lawful permanent resident can commence.

If you have any questions or need assistance with filing a K-1 Fiancé Visa, please feel free to schedule a consultation with us. Let us be your guide through immigration.