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The K-1 Fiancé Visa: A Pathway to Marriage in the United States

The K-1 fiancé visa is a unique immigration strategy that allows a foreign national to enter the United States for the purpose of marrying a U.S. citizen.  It is very important that the marriage takes place within ninety (90) days from the date of the foreign national’s entry into the U.S.  Once the couple marries, the foreign national can apply for permanent residency with US Citizenship & Immigration Services (USCIS).  There are numerous forms and documents required for the fiancé visa and permanent residency process.

Eligibility Criteria For A K-1 Visa

The couple must prove that they:

  • Previously met in person during the two years before filing the petition (although there are limited exceptions);
  • Have a bona fide intention to establish a life together and marry; and,
  • Are legally free and intend to marry within ninety (90) days after the foreign national arrives in the United States.

Required Documentation

The process involves several key documents, including but not limited to:

  • Form I-129F, Petition for Alien Fiancé(e)
  • Proof of having met in person (photos, travel itineraries, etc.)
  • Statements of intent to marry
  • Evidence of a bona fide relationship (correspondence, affidavits from friends and family, etc.)

Limitations and Considerations

In addition to the documents required, there are numerous limitations of the K-1 fiancé process:

  • International Marriage Broker Regulation Act (IMBRA): Enacted in 2005, this act imposes two significant limitations:
    • A U.S. citizen is prohibited from submitting multiple fiancé petitions at any time (although there is a limited waiver available).
    • The petitioner must disclose any conviction for specified crimes, including domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, or attempted kidnapping.
  • Financial Requirements: The petitioner must meet certain income requirements to demonstrate the ability to support the fiancé.

Process For Applying For The K-1 Visa

The U.S. citizen is the “petitioner”, meaning he or she is petitioning for his or her fiancé to come to the U.S.  The K-1 process requires the petitioner to file a petition for the visa with the appropriate USCIS office. If USCIS approves the petition, the US Department of State National Visa Center will notify the relevant U.S. Consulate or Embassy abroad of the approval. The relevant U.S. Consulate or Embassy will eventually schedule a K-1 fiancé interview at which the foreign national must appear in person.

Eligibility Of Dependents

Minor children of the foreign national fiancé may receive dependent K-2 visas, allowing them to accompany their parent to the United States.

Learn more about the requirements of the K-1 fiancé petition and whether it is the best option for you and your loved one by scheduling a consult with one of our immigration attorneys at Wilson Law Group.

Tips for a Successful K-1 Visa Process

  • Organize Your Documents: Keep all documents organized and readily accessible.
  • Maintain Communication: Regularly communicate with your fiancé to ensure all paperwork is completed accurately and on time.
  • Seek Legal Advice: Consulting with an immigration attorney can help navigate the complexities of the process and increase the chances of a successful application.

Call Today To Schedule A Free Consultation

Our firm offers a free initial consultation. To schedule your free appointment, call our office at 612-430-8022 or send us an email through our online form.