A K-1 visa, also known as a fiancé visa, allows an engaged partner of a United States citizen entry into the United States as long as the couple plans to get married within ninety (90) days of entry to the United States. The newly married spouse can then apply for a green card based on the marriage.
K-1 Visa Requirements
There are a number of specific requirements for a K-1 visa, including, but not limited to:
The sponsoring fiancé must be a U.S. citizen. Green card holders cannot sponsor their fiancé.
Both partners must be eligible to marry. This means they can’t already be married to someone else. Prior annulments, divorce decrees, and death certificates should be provided to prove eligibility.
K-1 visas are allowed for same-sex couples regardless of the laws in the sponsored fiance’s country regarding same-sex marriage.
You must prove the legitimacy or the bona fide nature of the relationship. This can be demonstrated through photographs, evidence of trips taken together, affidavits from friends and family, copies of letters or emails between the couple.
You must prove that the couple has met in person at least one (1) time in the two (2) years prior to applying for the K-1 visa. Evidence can include flight itineraries, hotel reservations, and photographs. There are exceptions for extreme hardship or when in-person meetings would violate cultural, religious, or social norms.
Each individual must provide a signed statement indicating their intention to get married to each other with ninety (90) days of entry to the United States. If you have wedding plans already made, it is a good idea to submit evidence such as invitations and deposits on venues and caterers.
The fiancé who is a U.S. citizen must meet income requirements. Their adjusted gross income on their most recent income tax return must be at least 100% of the Federal Poverty Guidelines. If their income does not meet this threshold, they can have a joint financial sponsor who must file an affidavit of support confirming their intent to co-sponsor financially the intending immigrant.
Contact an Experienced Immigration Attorney
If you are interested in pursuing a fiancé visa, you should consult with an experienced immigration attorney. At Serving Immigrants, we have the knowledge and record of success that you need. Contact us online or call us at 305-907-6151 to schedule a strategy session.