If you are engaged to a U.S. citizen and planning to marry in the United States, the K-1 fiancé visa allows your partner to bring you into the country legally. However, the process is complex, and understanding the requirements can help youavoid delays or denials. Here’s what you need to know before filing.
Eligibility Requirements
To apply for a K-1 visa, you must meet the following criteria:
- One partner must be a U.S. citizen (not a green card holder).
- Both individuals must be legally free to marry.
- You must have met in person at least once in the past two years (unless an exemption applies).
- You must intend to marry within 90 days of the foreign fiancé(e) entering the U.S.
The Application Process
The U.S. citizen must first file Form I-129F, Petition for Alien Fiancé(e), with USCIS. Once approved, the case is sent to the National Visa Center (NVC) and then to the U.S. embassy or consulate in the fiancé(e)’s home country.
The foreign fiancé(e) must then:
- Complete Form DS-160 (Online Visa Application)
- Attend a medical exam by an authorized physician
- Submit required documents, such as a passport, birth certificate, and evidence of the relationship
- Appear for a visa interview at the U.S. embassy
Proving a Genuine Relationship
To prevent fraud, U.S. immigration officials will closely examine the relationship. You will need to provide strong evidence, such as:
- Photos together
- Letters, emails, or chat records
- Travel records of visits
- Engagement details
What Happens After Approval?
Once granted, the K-1 visa is valid for six months. After arriving in the U.S., you must get married within 90 days or the visa will expire. After marriage, the next step is applying for a green card (adjustment of status) using Form I-485.
Common Reasons for Denial
- Incomplete or incorrect forms
- Insufficient proof of a real relationship
- Criminal history or past immigration violations
- Failing the visa interview
The K-1 visa is a good option for couples wanting to start their lives together in the U.S., but the process requires careful preparation. Working with an experienced immigration attorney can improve your chances of approval and make the process smoother.
Need help with your K-1 visa? Contact our legal team today.
