Guide to the K-1 Visa (FiancéVisa) Process

The K-1 visa, also known as a fiancé(e) visa, is one of the most sought-after non-immigrant visas in the U.S., designed to help U.S. citizens bring their international fiancé to the US. If you’re a U.S. citizen planning to marry someone from another country, the K-1 visa is likely the best route to bring your loved one to the U.S. and begin your life together. However, the K-1 visa process can be complicated, involving legal paperwork, eligibility criteria, and multiple steps that may feel overwhelming.

In this guide, we will take a closer look at what a K-1 visa is, the requirements, the step-by-step process for applying, and how immigration lawyers at MyLegalPal can help you with your K-1 visa application.

What is a K-1 Visa?

A K-1 visa allows a foreign national to enter the U.S. with the intention of marrying a U.S. citizen. Once granted, the foreign fiancé(e) must marry the U.S. citizen sponsor within 90 days of arrival. After marriage, the foreign spouse can then apply for adjustment of status (AOS) to become a lawful permanent resident (green card holder).

The K-1 visa is specifically designed for couples who plan to marry in the U.S. and is not intended for couples who plan to marry abroad and then apply for spousal visas. The visa also includes provisions for minor children of the foreign fiancé(e) (K-2 visas), allowing them to accompany their parent to the U.S.

Key Points of a K-1 Visa:

• The K-1 visa is a non-immigrant visa.
• The couple must marry within 90 days of the foreign fiancé(e)’s entry into the U.S.
• After marriage, the foreign spouse may apply for a green card through adjustment of status.

Eligibility Requirements for a K-1 Visa

To successfully apply for a K-1 visa, both the U.S. citizen and their fiancé(e) must meet specific eligibility requirements:

1. Proof of U.S. Citizenship:

The petitioner (the U.S. citizen) must provide proof of their U.S. citizenship, such as a birth certificate, naturalization certificate, or valid U.S. passport.

2. Genuine Relationship:

You must demonstrate that your relationship with your fiancé(e) is genuine. This can be done by providing evidence such as photos, travel documents showing joint trips, affidavits from friends and family, and other supporting documentation. The burden of proof falls on the petitioner to show that the relationship is legitimate and not solely for immigration purposes.

3. Both Parties Are Legally Free to Marry:

Both you and your fiancé(e) must be legally free to marry, meaning you are not currently married to someone else. If either party was previously married, you must provide proof of divorce, annulment, or death of a previous spouse.

4. In-Person Meeting Requirement:

U.S. immigration law requires that you and your fiancé(e) must have met in person at least once in the two years preceding the application. There are limited exceptions to this rule, such as for cultural or religious practices, but these are rare and difficult to obtain.

5. Financial Support:

The U.S. citizen must meet the income requirements outlined by the U.S. government to sponsor a fiancé(e). This is to ensure that the foreign national will not become a public charge after entering the U.S. The income must meet at least 100% of the federal poverty guidelines for the U.S. citizen’s household size.

Step-by-Step Process for Obtaining a K-1 Visa

1. File Form I-129F (Petition for Alien Fiancé(e)):

The process begins when the U.S. citizen files Form I-129F with U.S. Citizenship and Immigration Services (USCIS). This form is designed to establish the legitimacy of your relationship and your intent to marry within 90 days of your fiancé’s arrival in the U.S.

Documents to Submit with Form I-129F:

• Proof of U.S. citizenship
• Evidence of the relationship (photos, correspondence, travel itineraries, etc.)
• Proof of in-person meeting within the last two years
• Statements of intent to marry, signed by both parties
• Passport-style photos of both the U.S. citizen and fiancé(e)
• Filing fee (as of 2024, the fee is $535)

Once filed, USCIS will review the petition and send a receipt notice (Form I-797). Processing times for the I-129F petition vary but generally range from 6 to 9 months.

2. USCIS Approval and Transfer to National Visa Center (NVC):

Once USCIS approves the I-129F petition, the case is transferred to the National Visa Center (NVC). The NVC will assign a case number and forward the case to the U.S. embassy or consulate in the foreign fiancé(e)’s country of residence.

The NVC will send a letter or email to both parties, instructing the foreign fiancé on how to proceed with the visa application at the U.S. embassy.

3. Apply for the K-1 Visa at the U.S. Embassy:

The foreign fiancé(e) will need to complete Form DS-160 (Online Nonimmigrant Visa Application) and schedule an interview at the nearest U.S. embassy or consulate.

Documents to Prepare for the Visa Interview:

• Valid passport
• Birth certificate
• Divorce or death certificates (if applicable)
• Police certificates from every country where the fiancé(e) has lived for more than 6 months
• Medical examination report from an authorized physician
• Evidence of financial support (Form I-134)
• Evidence of a genuine relationship
• Visa application fee payment

During the interview, a consular officer will review the documents and ask questions about your relationship to verify its legitimacy. If everything is in order, the visa will be issued, typically within a few weeks.

4. Arrival in the U.S. and Marriage:

Once the K-1 visa is issued, the foreign fiancé(e) has six months to travel to the U.S. Upon arrival, they must marry the U.S. citizen within 90 days. Failure to marry within this period will result in the foreign fiancé(e) being required to leave the U.S.

5. Apply for Adjustment of Status (AOS):

After the marriage, the adjustment of status can be applied by foreign spouse to become a lawful permanent resident  by filing Form I-485 with USCIS.

Common Pitfalls in the K-1 Visa Process

1. Delays in Processing:

Processing times for the K-1 visa can vary depending on the USCIS office handling your case. Delays can occur due to incomplete applications, insufficient evidence, or high volumes of applications.

2. In-Person Meeting Requirement:

Many couples face difficulties meeting the in-person requirement due to travel restrictions, cultural reasons, or financial constraints. However, waivers for this requirement are rarely granted, so it’s crucial to plan ahead.

3. Financial Support Issues:

If the U.S. citizen does not meet the financial support requirements, the K-1 visa may be denied. In such cases, a co-sponsor may be required to ensure the foreign fiancé(e) does not become a public charge.

4. Insufficient Documentation:

Failure to provide sufficient documentation to prove the relationship can lead to a visa denial. It’s essential to compile detailed evidence of your relationship, including photos, travel documents, and correspondence.

How Immigration Lawyers at MyLegalPal Can Help

Navigating the K-1 visa process can be complex and stressful, especially with the various legal and documentation requirements. The immigration lawyers at MyLegalPal are here to assist you at every stage of the process, from filing the I-129F petition to attending the visa interview.

Here’s how MyLegalPal can support you:

• Personalized Legal Guidance: Our experienced immigration lawyers will guide you through the entire K-1 visa process, ensuring that you meet all eligibility requirements and submit complete and accurate documentation.
• Document Preparation: We help gather and prepare all necessary documents, including proof of the relationship, financial support, and intent to marry.
• Interview Preparation: We provide thorough preparation for the visa interview, ensuring you and your fiancé(e) are well-equipped to answer the consular officer’s questions.
• Handling Delays and Challenges: If your application faces delays or challenges, our lawyers will work to resolve the issues and keep your case on track.

By working with the skilled immigration attorneys at MyLegalPal, you can avoid common pitfalls and ensure that your K-1 visa application is handled professionally and efficiently. We understand how important this process is for you and your fiancé(e), and we are committed to helping you reunite in the U.S. as soon as possible.

Conclusion

The K-1 visa offers a pathway for U.S. citizens and their foreign fiancé(e)s to start their lives together in the U.S. However, the process is filled with legal complexities that require careful attention to detail. By working with the immigration lawyers at My Legal Pal, you can streamline the process, avoid delays, and ensure your application is handled properly.

If you’re ready to start the K-1 visa process, contact MyLegalPal today. Our dedicated team of immigration lawyers is here to assist you every step of the way