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The K-1 visa is a nonimmigrant classification meant for U.S. citizens who want to bring their foreign national fiancé(e)s to the U.S. in order to get married. This visa is life-changing for couples who wish to spend their lives together in the same country. The caveat, though, is that the couple have a strict time limit of 90 days upon arrival to get married. Just like all other U.S. visa types, there are specific eligibility criteria that must be met by both the beneficiary and sponsor to gain approval. VisaNation makes the entire K-1 process fast and simple, get started today!
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There are a number of requirements that must be met for a K-1 visa application to be approved. Just because you meet these requirements doesn’t mean you should file the application yourself. An immigration professional is best qualified to assist you and ensure all the paperwork is properly filed.
You must be a U.S. citizen—a lawful permanent resident cannot sponsor a K-1 visa. Not sure where to start with your K-1 application? We can help you know for certain what documents you must submit. Start today!
This means you have both met all the legal obligations required to get married in the United States. This includes terminating previous marriages if both or either of you has been previously married. The previous marriage must have been legally terminated by divorce, annulment, or death. You will need to provide proof to support this before you can be deemed qualified for K-1 visa sponsorship.
Find out how to get a green card without sponsorship.
You and your fiancé(e) must be ready to marry within 90 days of his or her admission into the U.S. on a K-1 visa. You must provide a signed statement showing your intention to get married within that period. It will also be helpful to have other evidence to back this up. If you have already printed your wedding invitations and made payments associated with the wedding, you can include copies of the invitation card, and receipts of payments for wedding items as supporting documents to prove this requirement.
Find out how much a K-1 visa costs in 2024.
You and your fiancé(e) must have met each other in person at least once within the two years leading up to your petition. You will need to provide proof of this meeting with evidence such as photographs, hotel reservations, plane tickets, etc.
NOTE: Phone conversations, social media chatting, video calls, and other meetings by electronic means will not count as meeting in person. However, you may request a waiver for the “meeting in person requirement” if you can show that meeting your fiancé(e) in person would:
To qualify, you will need to sign an affidavit of support showing your readiness and financial ability to provide your foreign fiancé(e) with the needed financial support. The affidavit of support document for the K-1 visa is officially known as the I-134. In the form, your income must indicate your ability to provide for yourself, your sponsored fiancé(e), and any other dependent member of your household. Check out this I-134 – Complete Guide to Affidavit of Support in the U.S.
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Get the Fiancé Green Card
The minimum required income is 100% of the United States Department of Health and Human Services (HHS) minimum poverty guidelines. Currently, the minimum requirement if you live in any of the 48 contiguous states is $15,060, $20,440, $25,820 for household sizes of 2, 3, and 4 members respectively. For each additional person, just add $5,380 to get the accurate figure.
However, if you live in Alaska or Hawaii, the amounts differ slightly. This is due to the higher cost of living in those two states. Here are the full details of the income requirements for a K-1 visa sponsor.
At VisaNation, we are here to assist you and answer all your questions. We ensure that your application is properly filled out and that you don’t suffer from additional waiting time to fix filing mistakes. Get started today!
The process for bringing your foreign fiancé(e) to the United States involves different stages with different immigration agencies. They are the U.S. Citizenship and Immigration Service (USCIS), the Department of State (DOS), and the agency for Customs and Border Protection (CBP). Each stage of the K-1 fiancé(e) visa process is explained below:
This is the first form to be filed by the U.S. citizen fiancé(e). The I-129F is filed to petition the USCIS to recognize the relationship between you and your fiancé(e). You must prove the validity of your relationship with documentary evidence showing you have a genuine relationship with your foreign fiancé(e). You must submit the supporting documents listed below with the form:
Immigration can be a daunting process for someone who is doing it for the first time. With numerous forms and documents to submit, mistakes can be very costly. Need experienced help? At VisaNation, we make sure that your application is flawless. Start today!
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It’s Time to Reunite with Your Fiancé in the U.S.
The USCIS will review your petition and issue either an approval or denial notice. If your petition is denied, the notice will contain the reason for the denial. The processing time usually depends on the workload at the service center handling your case. The final decision may take between 6 to 9 months. Once your petition is approved, the USCIS will forward the approved I-129 to the DOS National Visa Center (NVC), which will oversee the next stage of your fiancé(e) visa application.
The U.S. embassy or consulate where your fiancé(e) lives will receive the approved I-129 from the NVC. Your fiancé(e) will then need to apply for a K-1 nonimmigrant visa at the embassy or consulate. You will receive a message from NVC stating the scheduled date and location of the K-1 visa interview for your fiancé(e) in that country.
Before the interview date, the foreign fiancé(e) will need to complete the DS-160 application online, otherwise known as Online Nonimmigrant Visa Application. He or she will need to print the confirmation page of the form and keep it as one of the documents for the K-1 visa interview. The DS-160 must be submitted along with the following supporting documents:
2. The following documents are the responsibility of the K-1 visa sponsor:
It is within the discretion of DOS to either approve or deny your fiancé(e) a K-1 visa. If the application is approved, the foreign fiancé(e) will be issued a visa, which will allow him or her to travel to the U.S. and seek admission at a port of entry.
Upon arriving at the port of entry, the fiancé(e) will be interviewed by a CBP officer, who will decide whether to admit him or her. If your fiancé(e) is granted admission into the U.S., then you both can commence wedding arrangements, which must take place within 90 days of the arrival.
After your marriage, your fiancé(e)—now your spouse—can apply for a marriage-based green card and become a lawful permanent resident. This is very important, especially if you both wish to settle down and live together as one family in the U.S.
This process will also involve a series of documentation and interviews for the two of you. As the K-1 visa sponsor, you will also be the one to sponsor the petition, file a green card sponsorship petition and submit an affidavit of support. Your spouse will also submit an I-485 to change his or status from a K-1 visa to a marriage-based green card.
Our team has helped countless individuals transition to a marriage-based green card! Check out this unique story about a pilot from Trinidad and Tobago who we helped get secure an approval!
However, keep in mind that green card sponsorship is entirely different from K-1 visa sponsorship. However, with the right help, you can make the whole process a smooth experience.
The word fiancée or fiancé is a French word, which means someone who is engaged to get married.
However, to avoid repetition, we shall use the term “fiancé(e)” throughout the rest of this article to represent both genders.
VisaNation Law Group K-1 visa immigration attorneys have helped many immigrants file and acquire their fiancé(e) visas. They will help you prepare your forms and documents, including the affidavit of support.
We will also guide you through the interview process and all other aspects of your application. From start to finish, you can rest assured that your case is in good hands. Get started today!
