If you are engaged to a person who lives abroad and you want to bring them to the United States so you can get married, then you will need to help your fiancé obtain a K-1 visa so they can enter the country. There are a number of requirements you and your fiancé will have to meet to obtain a K-1 visa, which is why it is a good idea to consult with an experienced immigration attorney to discuss your situation. At The Alagiri Immigration Law Firm, we are committed to using our skills and extensive knowledge of the law to help clients petition for K-1 visas so they can bring the people they love to the U.S. and embark on their new lives together. Below, we explain the requirements for a K-1 visa so you know what to expect if you plan to marry a foreigner.
K-1 Visa Requirements
You and your fiancé must meet the following requirements in order to petition for a K-1 visa:
- Be a United States Citizen: Only U.S. citizens can petition for this type of visa. Green card holders are ineligible for the K-1 visa.
- Be Legally Free to Marry: If the petitioner was previously married, they must prove they have been legally divorced or that they are a widow.
- Intend to Marry within 90 Days: The petitioner must prove the relationship is “bona fide,” and that they intend to marry within 90 days of entering the U.S.
- Physically Met the Fiancé Within 2 Years: The couple will have to prove they have met with each other at least once in the past two years.
- Income Requirement: The petitioner must meet certain financial requirements to secure the K-1 visa.
What Are the Common Reasons K-1 Visas Are Denied?
There are certain criminal convictions that can result in a K-1 visa petition being denied under the International Marriage Broker Regulation Act (IMBRA). You must disclose the following convictions when you apply for a K-1 visa:
- Sexual Assault
- Domestic Violence
- Child Abuse & Neglect
- Elder Abuse
- Dating Violence
- Homicide, Murder, & Manslaughter
- Stalking
- Rape, Sexual Abuse, Sexual Exploitation, & Incest
- Trafficking, Peonage, & Involuntary Servitude
- Torture
- Slave Trading, Kidnapping, Abduction, Unlawful Criminal Restraint, & False Imprisonment
The IMBRA also requires petitioners to disclose whether they met their fiancé through a marriage broker. Failure to do so can result in the petition being denied.
If you have more questions about petitioning for a K-1 visa for your fiancé, please don’t hesitate to call The Alagiri Immigration Law Firm today to request your consultation with our seasoned legal team.
