What is a K-1 Visa?
A K-1 visa or fiancé visa permits a US citizen to sponsor their foreign fiancé to travel to the United States. A K-1 visa is usually the best and quickest way for a US citizen to bring their fiancé to the US legally. Only a US citizen can petition the government for a K-1 visa.
The foreign-citizen fiancé has 90 days to get married to their fiancé (petitioner) upon entering the United States. Once married, the spouse is eligible to apply for permanent residence based on marriage (green card).
Do you qualify for a K-1 visa? Contact us today to check your eligibility.
K-1 Visa Requirements
You must meet the following requirements to file a petition for a K-1 fiancé visa.
- You must be a United States citizen. Green card holders can not sponsor their fiancé for a K-1 visa.
- You must prove that you have met your fiancé in person at least once within two years of applying for the K-1 visa. Some exceptions apply.
- Both parties must be free and clear to marry (be unmarried) legally. Couples can submit previous divorce documents, annulments, or death certificates of a former spouse if needed.
- The couple must have serious intentions to marry within 90 days.
- You must prove you can financially support your soon-to-be spouse by meeting the income requirements for a K-1 visa.
- You should have no major criminal history.
What is the K-1 Visa Process?
There are several steps in the K-1 process. Here’s a step-by-step guide to help you understand how the K-1 visa works.
Step #1: The US citizen sponsoring the foreign partner must file Form I-129F (Petition for Alien Fiancé) to the USCIS field office closest to where they reside.
Supporting documents that should be included with Form I-129F are:
- Verification that the sponsoring fiancé is a US citizen.
- A copy of the foreign fiancé’s passport.
- Evidence the relationship is legitimate, like pictures, letters from family or friends, text exchanges between the partners, etc.
- Confirmation that the couple has met in person within the last two years. Evidence can include flight bookings, hotel itineraries, etc.
- Passport-style photos of both parties.
- A signed sworn statement stating the pair intends to get married within 90 days.
Step #2: If USCIS approves the petition, it goes to the National Visa Center (NVC) for processing. The sponsored fiancé should get a notification from the US embassy in their home country with the date, time, and location of their visa interview, including a list of required documents.
Required Fiancé Visa Documentation:
The K-1 fiancé will need to bring the following to the K-1 visa interview:
- A printed Online Nonimmigrant Visa Application DS-160. This is the actual K-1 visa application.
- A valid, unexpired passport
- A copy of the foreign fiancé’s birth certificate
- Police clearance from all the countries they have lived in for over six months since age 16.
- Evidence of an approved medical examination.
- Two passport-style photos.
- Proof of a non-fraudulent relationship between the US citizen sponsor and the foreign fiancé.
- Assurance of sustainable financial support
- Divorce or death certificates from prior marriages for the foreign citizen fiancé and the sponsoring US citizen.
It’s always best to hire a qualified K-1 visa lawyer to ensure that all your documents are completely filled out and avoid unnecessary setbacks.
Step #3: If the K-1 visa is approved, the sponsored fiancé has six months from the approval of the initial I-129F form to enter the US. Otherwise, it becomes invalid, and you must start the process again.
Upon entering the United States, the couple must marry within 90 days, or the sponsored person will lose their K-1 status. If you decide not to get married, the sponsored partner can not remain in the US and must leave the country immediately.
Work With a Trusted K-1 Visa Lawyer
Obtaining a K-1 visa is less stressful when you partner with the Alagiri Immigration Law Firm. You’ll work with a knowledgeable fiancé visa lawyer to help guide you through the process. One of the most common reasons K-1 visa applications get denied is because there was
incorrect, incomplete, or conflicting information on the I-129F. Our team is here to ensure all your forms are filled out correctly and help you submit the required documentation to avoid processing delays.
Contact us today to begin your K-1 visa process backed by an experienced immigration attorney.
K1 Visa
- Purpose A K-1 visa or fiancé visa permits a US citizen to sponsor their foreign fiancé to travel to the United States.
- K1 Visa Timeline The processing time for a K-1 visa application currently averages 6 months.
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We worked with Priya on our Green card application. Throughout the process Priya was professional and very helpful. She was kind enough to explain the ins and outs of immigration law and helped us prepare for the final green card interview. She was easily reachable whenever we needed her sage advice. I would recommend her services as an immigration lawyer to anyone.
