If your fiancé isn’t a U.S. citizen, you may need to go through the fiancé visa process to bring them to the United States, otherwise known as getting a K-1 visa. Although a popular option for bringing your fiancé to the U.S., there are some challenges you may run into when applying for this type of visa. That is why it is strongly recommended that you hire an immigration lawyer for fiancé visas, as they will have the experience required to guide you through this process. Here is everything you need to know about applying for a K-1 visa, the processing time, and the requirements.
Who Is Eligible for a K-1 Fiancé(e) Visa?
Before we dive into the fiancé visa process, you need to know who is eligible for this type of visa. The purpose of the K-1 fiancé visa is to allow a U.S. citizen to bring their foreign fiancé to the U.S. for the purpose of getting married. However, there are strings attached as your fiancé will need to get married within 90 days of their arrival in the U.S.
Because of the 90-day deadline, this type of visa is technically a non-immigrant visa that allows for a temporary stay with the eventual opportunity for permanent residency through marriage.
With that being said, here are the K-1 visa eligibility requirements you and your fiancé need to meet:
- The sponsor has to be a U.S. citizen.
- The sponsor and their fiancé must have met within two years before applying for a K-1 visa, which includes at least one face-to-face meeting.
- Both parties have to be legally free to marry, with any prior marriages legally terminated.
- Both parties need to have the intention of marrying within 90 days of the foreign fiancé’s arrival in the United States.
- The sponsor has to be able to prove that they meet the income requirements.
Starting the K-1 Visa Process
There are several steps in the process of applying for a K-1 visa that you will need to complete. Like any other immigration pathway, it is absolutely essential that you do this thoroughly to avoid running into any issues with your application.
Here is the step-by-step process for applying for a fiancé visa:
- File I-129F petition: You will need to file this petition to begin the visa process, accurately filling in all of the required information. You will also need to provide supporting documents, such as proof of U.S. citizenship, proof of intent to marry, proof of in-person meeting, and proof of relationship. Your petition will need to include passport-style photos, a copy of your fiancé’s passport biographic page, and proof of any terminated previous marriages, if applicable.
- File DS-160 form: The next step of this process is for the foreign fiancé to complete the online DS-160 form, which is considered to be the actual K-1 visa application. This needs to include the fiancé’s birth certificate, passport, police clearance, sealed medical exam form, and two passport style photos. The sponsor will also need to provide an affidavit of support, proof of relationship, and their most recent tax returns.
- K-1 visa interview: The foreign fiancé will receive a notice from the U.S. Embassy in their home country that provides information regarding their scheduled interview. This may also include information regarding the medical examination to rule out inadmissibility and to administer any necessary vaccinations.
If everything goes smoothly and you are approved for a K-1 visa, your fiancé will need to travel to the U.S. within six months. Once they are in the United States, the two of you will need to be married within 90 days, otherwise they will need to return to their home country.
If you and your fiancé have married within the 90-day deadline, your fiancé can later initiate a K-1 adjustment of status for the purpose of obtaining a green card.
Overall, the entire processing time for obtaining a K-1 visa is between eight and 11 months for most couples.
Common Mistakes to Avoid
A mistake people make when applying for a K-1 visa is not providing the supporting documents that are required. This is most common when you are filing form I-129F as this is when the most supporting documents are required for your petition to move forward.
The main challenge with K-1 visas is that you have to prove that the relationship is valid and not fabricated for the purpose of obtaining a green card. To do this, you need to provide substantial proof that the relationship is genuine and that both of you truly intend to get married. You can do this with photos, call or message logs, exchanged letters, engagement photos, etc.
Another common issue people run into is not meeting the eligibility requirements. Here are some factors that would make you ineligible for applying for a K-1 visa:
- You are already married
- You don’t meet the minimum income requirements
- Your foreign fiancé violated U.S. immigration laws in the past
- You cannot prove that the relationship is genuine
- Your fiancé has a communicable disease that is a public health risk
- Your fiancé failed the in-person visa interview
- Your fiancé has criminal convictions that make them inadmissible to the U.S.
To avoid running into these issues, it is strongly recommended that you hire an immigration attorney to assist you with the K-1 visa process.
Hire an Immigration Attorney Today
Do you want to bring your fiancé to the United States with a K-1 visa? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ:
How long does it take to get a K-1 visa?
The most recent processing time for obtaining a K-1 visa is 8 to 11 months.
What documents are needed for a K-1 visa interview?
You will usually need to bring your birth certificate, DS-160 confirmation page, evidence of financial support, proof of relationship, and police certificates when you attend the interview.
What happens if we don’t marry within 90 days?
If you and your fiancé decide not to get married within 90 days, your fiancé will need to return to their home country to avoid staying illegally.
