Bringing Your Loved One to the United States

What Are the Requirements for a K-1 Fiancé(e) Visa?

Requirements may include:

• Proof of a Bona Fide Relationship: To qualify for a K-1 Fiancé(e) Visa, you must demonstrate that your relationship is genuine. This includes providing evidence that you and your fiancé(e) have a real, ongoing relationship, which may be shown through photographs, correspondence, travel records, or other forms of communication.
• Intent to Marry: The couple must intend to marry within 90 days of the foreign fiancé(e)’s arrival in the United States. This intent should be demonstrated through a signed statement from both parties and could include other documentation, such as wedding plans or venue reservations.
• Eligibility to Marry: Both the U.S. citizen and the foreign fiancé(e) must be legally eligible to marry. This means both individuals must be single at the time of filing the visa petition, or if previously married, they must have legally ended any prior marriages through divorce, annulment, or death.
• Meeting in Person: The couple must have met in person at least once within the two years before filing the K-1 petition. Exceptions can be made for extreme hardship or if meeting in person would violate the religious or cultural practices of either party.
• Financial Sponsorship: The U.S. citizen must demonstrate that they have sufficient financial resources to support their fiancé(e) during their stay in the United States. This is typically done through the submission of an affidavit of support, which shows that the U.S. citizen meets the minimum income requirements set by U.S. Citizenship and Immigration Services (USCIS).
• Criminal Background Checks: Both the U.S. citizen and the foreign fiancé(e) must undergo background checks. Certain criminal convictions, particularly those related to domestic violence, sexual offenses, or child abuse, could result in the denial of the K-1 visa.

How to Apply for a K-1 Visa

If you and your fiancé(e) are planning on getting married in the United States, you will need to file a petition for your fiancé(e) to obtain the K-1 visa. You will need to fill out Form I-129F and submit it with the necessary paperwork to the U.S. Citizenship and Immigration Services (USCIS). The USCIS will review your application, and if approved, your fiancé(e) will be issued a visa that will allow them to travel to the United States.

Once approved, your fiancé(e) will then need to complete the DS-160, the online nonimmigrant visa application, via the State Department website and obtain the necessary documentation to upload. Once complete, your fiancé(e) will get a notification from the U.S. embassy in their home country which tells them the date and location of their visa interview.

K-1 Visa Interview

The visa interview occurs at the closest U.S. Embassy or consulate in the sponsored fiancé(e)'s home country. The interviewing officer usually provides a decision right after the interview or on the same day. If additional evidence is needed to determine your case, they will request its submission directly to the U.S. consulate.

Approval, Arrival, and Marriage in 90 Days                                                 

When everything is approved, your fiancé has 6 months from the date the I-129 form is approved to travel to the U.S. Both of you have 90 days to get married once your fiancé(e) has entered the United States; otherwise, your fiancé(e) will lose their K-1 status. If you do not get married, then the sponsored fiancé(e) cannot stay in the U.S. nor will they be able to adjust status in the future.