If your future spouse is a foreign national and you are a US citizen, you have a few legal choices to bring them to the US with you on a temporary immigrant visa.
For a foreign fiancé of a US citizen to get married in the US, they need to obtain a K-1 visa. This visa allows them to stay in the country for a maximum of ninety days, provided they get married during that time.
Even after getting married, the journey doesn’t end there! You can apply for permanent residency, allowing you and your new spouse unlimited time to stay in the United States.
Keep reading as we explain the process of obtaining the K-1 fiance visa and the eligibility requirements for the US citizen sponsor and the foreign fiance.
What is the 2-Year Rule for a K-1 Visa?
An essential step in the USCIS K-1 visa application procedure is the 2-year rule.
To verify the authenticity of the relationship between the foreign fiancé and a US citizen, couples filing Form I-129F must present evidence that they have met in person at least once in the previous two years.
It does not suggest that partners must be together or have known one another for two years or longer.
Even if meeting in person was difficult during the pandemic, phone conversations, video chats, and Internet meetings do not meet this condition.
There are a few exceptions to this rule, though. The regulation might not apply if meeting in person would be against religious or cultural customs or if the foreign-citizen fiancé(e) would suffer significantly.
Furthermore, the US citizen may ask for a waiver of the two-year limit if they and their foreign-citizen fiancé(e) did not meet over the preceding two years.
With Form I-129F, this request needs to be presented with documentation demonstrating how difficult or impossible it was to set up the meeting.
Evidence of Relationship in the Digital Era
The digital era offers applicants additional evidence for their application that could be helpful to consider.
- Screenshots of social media interactions: Think about incorporating a few screenshots of your social media interactions, such as tagged posts, public shows of affection, and chat histories that show significant exchanges or shared experiences.
- Digital communication logs: If you frequently communicate on apps like WhatsApp, Instagram, Messenger, etc., an organized collection of your deep communications could be valuable.
- Shared digital experiences: If you play online together, have shared subscriptions to services, or collaborate on projects online, these shared activities might strengthen your case.
To Apply for a K-1 Fiance Visa, the US Citizen Sponsor must:
- File Form I-129F: The sponsor starts the process by submitting Form I-129F, Petition for Alien Fiancé(e), supporting documents, and the filing fee to USCIS.
- Provide Proof of Relationship: Assemble proof that your relationship is genuine. This comprises images, correspondence, travel schedules that show in-person meetings, and other evidence of a devoted partnership.
- Complete Form I-134: Your case is sent to the National Visa Center and, subsequently, the US embassy or consulate in your fiancé’s nation if USCIS approves. At this point, you will show that you have the financial means to support your fiancé(e) by completing Form I-134, Affidavit of Support.
- Support the Fiancé(e) ‘s Application: Help your fiancé(e) gather the required documents, prepare for their K1 visa interview, and possibly undergo a medical exam.
- Plan for Marriage and Adjustment of Status: Once your fiancé(e) comes to the US on the K-1 visa, you must marry within 90 days.
The sponsor, a US citizen, must have sufficient income to qualify for a K-1 visa and fulfill specific income standards to be eligible for a marriage green card.
To Apply for a K-1 Fiance Visa, the Foreign Fiancé must:
- Wait for I-129F approval: This will take 4-7 months as of April 28, 2024.
- Complete Form DS-160: Once USCIS approves the petition, you’ll receive instructions to complete the online visa application, Form DS-160.
- Gather Documents: Compile essential paperwork such as your:
- Passport
- Birth Certificate
- Divorce decrees or death certificates (if previously married)
- Police certificates from countries where you’ve lived for more than six months
- Evidence of your relationship with your US citizen fiancé(e)
- Undergo a Medical Exam: You must make an appointment and attend a medical examination with a licensed doctor. They will provide the required immunizations and check for conditions preventing you from entering the US.
- Attend a Visa Interview: You will arrange a visa interview at your nation’s US embassy or consulate. The consular official will examine your application and any supporting documentation and interview to ascertain whether you qualify for a K-1 visa.
- Travel & Get Married: If your K-1 visa is granted, you will receive it and have six months to enter the US. Recall that you have 90 days from arriving in the US to marry your fiancé(e), a US citizen.
- Apply for Adjustment of Status: After your marriage, you can apply to adjust your status to become a lawful permanent resident (green card holder) of the US.
Who is Not Eligible for a K-1 Visa?
A K-1 visa is intended for the fiancé of a US citizen, but specific individuals are not eligible to apply. You may be ineligible for a K-1 visa if:
- You are already married: If you are already married to your US citizen partner, you should apply for a spouse visa, such as the CR-1 or IR-1, as the K-1 visa is only intended for fiancés.
- You or your fiancé(e) do not meet the minimum income requirements: The US citizen sponsor must meet specific income requirements to prove they can support you financially.
- You have a criminal record: You may not be eligible for a K-1 visa if you have certain criminal convictions, especially if they are connected to drug trafficking, human trafficking, or terrorism. However, depending on the situation, some convictions might be eligible to be dropped.
- You have previously violated US immigration laws: Having overstayed your visa, entering the country illegally, or facing deportation could prevent you from being granted a K-1 visa.
- You cannot prove a genuine relationship: If you fail to furnish adequate proof of a lawful bond with your fiancé, a US citizen, your application for a K-1 visa can be rejected.
- You have a communicable disease or pose a public health risk: Individuals with certain medical conditions that threaten public health, such as tuberculosis, may be ineligible.
- You fail the in-person interview: Your application may be rejected if you or your fiancé cannot provide solid proof of the sincerity of your relationship at the visa interview.
Since every scenario is different, you can still have choices even if one of these circumstances holds. It is advised to speak with an immigration lawyer to learn more about any possible waivers or substitute visa choices.
What are the Fees for a K1 Fiancé Visa?
There is no singular fee for the K1 Fiancé visa. Instead, you will need to pay for a range of different services. These include the following:
- Filing Form I-129F ($535)
- Nonimmigrant visa application processing fee, paid through the Form DS-160 ($315)
- Medical examination for yourself and every dependent. The exact cost of these examinations will vary depending on where you have it done.
- Filing Form I-485 to register permanent residency ($1140 for adults and $750 for dependents under 14 years old.)
Wrapping Up
Although obtaining a K-1 fiancé visa can be difficult, it is possible with the proper planning. You must attend an interview, demonstrate a sincere relationship, and fulfill the income requirements.
If you’re organized and well-prepared, the process will go more smoothly, and you’ll have a higher probability of success.
Frequently Asked Questions
Can I work on a K-1 visa?
While you are in the United States on a K-1 visa, you will not automatically be able to work. You must submit a Form I-765 application for work authorization if you wish to be employed during these ninety-nine days.
You are authorized to work until you file for a change of status or until the conclusion of your 90-day K1 visa period.
What happens if we fail to get married within 90 days?
You have ninety days to get married and begin adjusting your status before your nonimmigrant status automatically expires. If you are single, you must leave the US before these ninety days pass.
You will be deported from the United States if you don’t depart. This can seriously hinder your future efforts to relocate to the United States.
What is the difference between the K-1 visa and the K-3 visa?
You can apply for a K-1 visa if you are engaged to a US citizen. In the past, it was possible to apply for a K-3 visa if you were the spouse of a US citizen.
Only recently has the K-3 visa been granted individually. The CR-1 spousal visa, available to spouses of US citizens and green card holders, is the usual route for married couples when one partner resides overseas.
Can I bring dependents with me on a K1 visa?
When entering the country on a K1 visa, you can bring dependents, including your kids. To enable them to come to the US with you, you must apply for K2 visas on their behalf.
To obtain a Green Card in the United States, they will also need to apply for an adjustment of status after the wedding. The basic requirements for a K2 visa include the following:
- The dependent is under 21 and unmarried.
- Their parent holds a K1 visa.
- The citizen fiancé can support the child financially.
- The child has a clear criminal record, is not addicted to drugs, and has not previously violated United States immigration laws.
Furthermore, your child will also need to pass all of the standard medical checks you experienced.