Is your fiancé a foreign national? If so, you have immigration options available to help them come to the United States on an expedited basis. The K-1 fiancé visa allows a U.S. citizen to bring their foreign fiancé to the United States for marriage. Once granted, the couple must marry within 90 days of the fiancé’s arrival. The visa is the first step in a longer process that can ultimately lead to permanent residency. With that being said, the process can be complicated. It is important to get everything done the right way. Here, our Virginia immigration attorney provides a comprehensive guide to K-1 fiancé visas.
What is a K-1 Fiancé Visa?
United States Citizenship and Immigration Services (USCIS) explains that a K-1 fiancé visa is a non-immigrant visa that allows a U.S. citizen to bring their foreign fiancé(e) to the United States for the purpose of marriage. As part of the requirement for the visa, the couple must actually marry within 90 days of the fiancé(e)’s arrival in the United States. Otherwise, the visa holder must leave the country. To qualify, both people within the couple must be legally free to marry and must have met in person at least once within the past two years. However, there are some limited exceptions to that requirement. Once married, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder).
Know the Legal Requirements for a K-1 (Proposal to Marriage)
Are you or your future spouse looking to get a K-1 visa? There are specific requirements that a person must satisfy in order to qualify to use this immigration option to come to the United States. Here is an overview of the immigration requirements for a K-1 visa:
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- The Petitioner Must Be a U.S. Citizen: The American fiancé is the one who needs to petition for the K-1 visa. To file for a K-1 fiancé visa, the petitioner must be a U.S. citizen. Lawful permanent residents are not eligible to sponsor a fiancé(e) under this visa category. U.S. citizens must provide proof of their citizenship status. Most often, that is done through a copy of a U.S. passport, naturalization certificate, or birth certificate.
- Both Parties Must Be Legally Free to Marry: Next, both the U.S. citizen and the foreign fiancé(e) must be legally eligible to marry at the time the petition is filed. Any prior marriages must be legally terminated (through divorce, annulment, or the death of a former spouse). Proper documentation, such as a divorce decree or death certificate, must be submitted along with the K-1 visa application.
- Intent to Marry Within 90 Days of Entry: The K-1 visa is granted with the expectation that the couple will marry within 90 days of the fiancé(e)’s arrival in the United States. USCIS and the Department of State require that both individuals submit sworn statements affirming their mutual intent to get married within this period. If the marriage does not occur within the 90-day window, the visa expires, and the foreign fiancé(e) must depart the country.
- In-Person Meeting: Another big rule for this immigration visa is that USCIS requires the couple to have met in person at least once within the two years prior to filing the K-1 petition. The meeting must be documented with evidence such as travel itineraries, dated photos, or hotel receipts. However, waivers may be available if the in-person meeting would violate strict cultural or religious practices or if it would result in extreme hardship to the U.S. citizen petitioner.
- Proof of a Legitimate Relationship: USCIS is very concerned about so-called “sham marriages.” They define that as any relationship entered into for the purposes of securing an immigration benefit. You will need to prove that your relationship is “real.” To prove the legitimacy of the relationship, the couple must submit evidence demonstrating that their relationship is real and ongoing. This may include photos together, social media communication, emails, call logs, letters, and sworn affidavits from friends and family. USCIS and the consular officer reviewing the case will assess this documentation closely to rule out fraudulent applications.
- Income/Financial Resources (Affidavit of Support): The foreign national seeking a K-1 cannot be deemed a financial burden on the United States. For that reason, the U.S. citizen petitioner must demonstrate the financial means to support the foreign fiancé(e) once they are in the United States. Form I-134, Affidavit of Support, is used for this purpose. It requires documentation such as tax returns, W-2s, and pay stubs. The sponsor’s income must typically meet or exceed 100% of the Federal Poverty Guidelines.
- Background Check(s): Finally, both the U.S. citizen and the foreign fiancé(e) are subject to background checks. USCIS and the U.S. Department of State will screen applicants for criminal history, immigration violations, or other grounds of inadmissibility under U.S. immigration law. If the foreign fiancé(e) has a serious criminal record, history of immigration fraud, or communicable diseases of public health significance, they may be denied a K-1 visa.
Why Trust Our Virginia Immigration Attorney
Are you helping your fiancée immigrate to the United States? The K-1 visa is the most straightforward option available to you. With a well-supported application that establishes the legitimacy of your relationship and satisfies all other requirements, you will be in the best possible position to get an approval. At The Law Offices of Ricky Malik, P.C., we have extensive experience with K-1 visas. Our team is here to help you overcome any obstacles that might arise. Your initial consultation with our Virginia family immigration lawyer is strictly confidential.
Contact Our Virginia K-1 Fiancé Visa Attorney Today
At The Law Offices of Ricky Malik, P.C., our Virginia immigration attorney has the professional expertise that you can trust. If you have any questions or concerns about K-1 fiancé visas, we are here to help. Contact us today for a fully confidential, no obligation initial consultation. With an office in Manassas, we provide immigration representation to people and families throughout Northern Virginia.
