What is the K-1 Visa?

The K-1 visa allows foreign citizens to enter the United States as the fiancé of a United States citizen within 90 days of arriving on U.S. soil. After the marriage ceremony, the foreign immigrant spouse can apply for a green card through marriage-based immigration.

A K-1 visa is valuable to both foreign partners and United States citizens looking to be united and enjoy the benefits of living in America. The main benefit of a K-1 visa is that it provides a straightforward pathway for you and your family to build a life together in the United States of America. After the marriage, the foreign spouse can apply for an adjustment of status, become a legal permanent resident of the U.S., and continue living in the United States permanently.

So long as children of a foreign-born fiancé(e) meet specific requirements, they can travel to the U.S. on a K-2 visa. Requirements include the following: the children must be under age 21 and unmarried, the children must be included on form I-129F, they can travel with the fiancé or after, but not before, and they can apply for their green cards after their parents’ marriage.

The fiancé visa process can be complex, and it is strongly recommended that engaged couples seek professional legal representation when applying for the visas. Please get in touch with our law firm to schedule your free initial consultation today.

What Are the Requirements for K-1 Visa Petitions?

To qualify for a K-1 visa, the United States sponsor and the foreign immigrant must meet specific eligibility requirements.

Eligibility criteria include the following:

·         Both parties must be legally free to marry. Any previous marriages must have been terminated either through divorce, annulment, or death

·         The couple must have met in person within two years before filing the petition. The two-year rule requires at least one face-to-face meeting. There could be exceptions to the rule in situations of extreme hardship or strict cultural or religious reasons

·         The marriage must take place within 90 days of the foreign fiancé’s arrival in the United States of America. Failure to marry within those 90 days will result in the foreign fiancé(e) being asked to leave the country

·         The sponsor must be a U.S. citizen. Green card holders cannot sponsor foreign fiancés for K-1 visas

·         The United States sponsor must meet strict income requirements. Failure to meet the minimum income requirements will render them ineligible to be a sponsor

Factors that could render either partner ineligible for the K-1 visa include the following:

·         A genuine bona fide relationship cannot be proven

·         Either partner has certain serious criminal convictions, which could render them ineligible

·         If you are already married, you do not need a K-1 visa; you need a spouse visa, such as a CR-1 or IR-1 visa

·         The foreign spouse has a communicable disease that poses a public health risk

·         The sponsor spouse does not meet the minimum income requirements set forth by the United States government

·         You or your partner fails the in-person visa interview

What Are the Necessary Documents and Evidence for a Successful K-1 Visa Application?

To secure a K-1 visa, the application must include various evidence and necessary paperwork. Documentation that could prove valuable to your immigration case may consist of the following:

·         Are you both single and legally eligible to marry? A marital status certificate for the foreign fiancé could be acquired from their local government office. If either party was previously married, you may require a divorce decree, death certificate, or other form showing proof of the termination of marriage

·         Criminal record background checks. It is necessary to perform a criminal record check for the sponsor and the foreign fiancé. Waivers may be available for lesser offenses, but serious criminal offenses are likely to result in denials

·         Evidence that proves your relationship is legitimate, such as electronic communication and call records, written correspondence, photos taken together, sworn statements from friends, family, and neighbors, and evidence of meeting face to face in person within the past two years

·         Proof of financial independence that establishes the marital union will not be a financial burden on the United States of America. This can be achieved by providing financial evidence of the foreign fiancé’s ability to support themselves financially or via an affidavit of support from the sponsor, showing that they meet the minimum financial requirements of household income or equivalent assets

What is the Fiancé Visa Process?

Provided that you and the foreign spouse meet the necessary requirements and provide adequate proof and documentation, you may begin the K-1 visa application process.

The first step of the process involves the United States citizen submitting Form I-129F, a K-1 visa petition, to their local USCIS office. After submitting the petition, the sponsor will receive a Notice of Action (NOA) letter with a case number that allows them to check the application status. It may take several months before receiving this letter.

After approval from the national visa center, the petition is sent to the United States embassy. The national visa center will provide you with a case number, which allows you to communicate with the embassy. During this stage, the petition may take a month to process. Once the embassy takes possession of your case, it will email you detailed instructions on preparing for your visa interview.

If USCIS approves the petition, the sponsor will receive a second NOA, and the immigration case will be sent to the National Visa Center. If the petition contains mistakes, missing documents, or insufficient evidence, USCIS may deny it. It is highly advisable to work with an experienced family immigration attorney when submitting such vital paperwork to the government.

You will then complete Form DS-160, the non-immigrant visa application, which includes the K-1 visa petition, and pay the necessary fees. After completing these forms, the foreign fiancé should submit these documents with a letter that authorizes them to schedule a visa interview.

At least 10 days before the interview, the foreign fiancé should book a medical examination with an approved physician. If they pass the medical exam, their certificate will usually be valid for six months. The foreign fiancé will then attend a visa interview at the United States Embassy, which can take over an hour to complete. Expect questions about the literacy of the relationship, documentation included in the application, and more. After the interview, an immigration officer will approve the application or request additional information.

Suppose the consular officer requests extra information or documentation during the visa interview. In that case, the request must be satisfied either at that time or by promptly mailing those documents to the U.S. Embassy.

If the K-1 visa is approved, the counselor officer will keep the foreign fiancé’s passport. The visa will be issued within approximately two weeks. At this point, the foreign fiancé would enter the United States, get married within 90 days of entry, and then file an adjustment of status for lawful permanent residency through marriage.

Schedule a Free Immigration Strategy Meeting with an Experienced and Compassionate Attorney Today

The K-1 visa application process can be complex, and any small error could result in a denial of your petition. It is highly recommended that you seek the professional legal counsel of an experienced attorney well-versed in United States immigration laws to assist you throughout the process.

Our immigration attorney has years of experience helping clients with complicated family immigration issues. To learn more about how we may be of valuable assistance to you during this complex process, please contact our Miami law firm to schedule your free strategy session with a lawyer today.

You can get in touch with our office by calling us at 786-706-0422.