There’s just one problem: Your fiancee lives in another country. The K-1 fiancee visa is the answer.
The K-1 Visa allows your foreign fiancé to enter the United States, so that you can marry here. This is a romantic and exciting process that also requires a lot paperwork and patience. This guide will walk you through the K-1 visa application process and what it means for you and your partner.
Make sure you both meet the eligibility requirements
You and your fiancé must first determine if you qualify for the K-1 visa. The K-1 visa has some key requirements.
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You must be an American citizen. Permanent residents cannot petition for a K-1 Visa. Both you and your partner must be legally able to marry. You and your fiance cannot be married at the moment, nor would it violate US law.
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You must have personally met at least one other person within the last two years. The only exception is if meeting the person would be extremely difficult or against cultural norms.
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Your fiancee must live outside the United States. The K-1 visa is only for those who are entering the US in order to marry, and not to change the status of anyone already living here.
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You need to prove that you are in a real relationship with your fiance and plan to get married within 90 days after his arrival.
- You must have a minimum income unless you find a co-sponsor with a sufficient income. You will be required to submit an affidavit. This would be a minimum income of $22,541 for 2022 if you were sponsoring only your fiance or $27.213 if you were also sponsoring children.
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Even if the home country of your fiance does not recognize same-sex relationships, you can still apply. Love is love.
Once you have met all the requirements, you can begin the K-1 Visa application process.
The 3 Steps to the K-1 Visa Process
It may seem daunting but it is worth the effort. Imagine, for example, running a company with your spouse once your visa has been approved. Two different US government agencies are involved in the application process for a K-1 Visa. What to expect
Step 1: File Form I-129F With USCIS
First, you must file Form I-129F (Petition for Alien Marriage(e)) with the U.S. Citizenship and Immigration Services, or USCIS. You will need to prove that you meet all the requirements for eligibility and relationship.
Important documents to attach with your I-129F Petition:
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Prove your US citizenship
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A copy of your partner’s passport
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You can prove your relationship by showing evidence (such as photos, messages, flight records, etc.) )
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Prove that you have met someone in person in the last two years
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Signed statement by both parties about their relationship and intention to marry within 90 Days
You’ll receive a USCIS receipt within a month of mailing the petition. The USCIS may also ask for more proof before they approve your I-129F.
Step 2. Your fiancé completes the Form DS160 and attends a Visa Interview
Once USCIS has approved your I-129F, they will transfer your case to U.S. The National Visa Center of the Department of State. Your fiance’s instructions will be to complete an online DS-160 form and schedule a Visa Interview at the nearest US embassy.
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Before the interview, your fiance will need to have passport photos, a birth certificate, a police certificate, results of a medical examination, proof of relationship and an affidavit proving your support.
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During your interview, the consular official will ask you questions to confirm that the relationship is real and to determine if you intend to get married within 90 days. Answer honestly!
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Your fiancee will receive a K-1 visa if approved. The K-1 visa allows your fiance to enter the US in 6 months.
Step 3: Your fiancé enters the US, and you get married!
The countdown begins as soon as your fiance lands in the US. Your fiance’s K-1 visa status will expire if you don’t get married legally within 90 days. Plan your wedding ASAP!
You can now apply for your fiance to become a permanent resident after the wedding. Do not delay, file the paperwork immediately after the wedding. That’s it! You may think it’s complicated, but you can easily get through if you fill out the application completely and honestly.
Documents Required for K-1 Visa Application
The K-1 visa application requires a mountainous amount of paperwork. It’s not romantic at all! Documentation is important for approval. The main documents required are:
For your I-129F petition:
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Prove your US citizenship
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Your fiance’s passport copy
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Proof of your relationship
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Prove you met someone in the past 2 years
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Your signed statement of relationship
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Take passport-style photos of the two of you
For your fiance’s DS-160 application:
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Passport photos
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Birth certificate
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Police certificates
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Medical exam results
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More evidence of relationship
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Your affidavit or support
You’ll need everything from the I-129F & DS-160 for your fiancee’s visa interview! Over-preparation is better than under-preparation.
Do not panic when you need to gather all of these documents. Start early to give yourself plenty of time. I recommend hiring a professional to help you complete your I-129F.
Prepare for the dreaded visa interview
Interviews are a part of the K-1 Visa process. No one enjoys them, but they must be done. Some people choose to go the investment visa route and deal with all of its problems. The consular officer must verify that your relationship is real and not only for immigration purposes.
Tips to prepare for:
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Be prepared to answer personal questions regarding your relationship, marriage plans, living arrangements and more. Be ready to share intimate details!
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If your relationship seems suspicious – large age gap, don’t speak a common language, different cultural backgrounds – expect more rigorous questioning.
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Bring together photos, emails and copies of your messages, as well as flight records from when you visited each other. Bring anything to prove that your love is real.
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Answering questions should be natural. Do not over-prepare.
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Tell the truth always! Even small lies may ruin your reputation and result in a denial of a visa.
Relax and tell the story of your love if it is real. You’ll be able to get through the interview with ease if you prepare.
Common K-1 Visa mistakes to avoid
There are many tripwires in the K-1 visa application process that can be disastrous for your application. These common mistakes are not to be made.
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Incomplete or inaccurate information is provided on forms. Check your work twice and three times!
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You do not provide enough proof of your relationship and wedding plans. Include as much evidence of your love and commitment as you can.
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You can’t tell if you have met or visited each other by a sloppy update. All forms must be filled out exactly.
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Early failure to disclose criminal records or past petitions. Be 100% open.
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You marrying your fiance more than 90 days after he enters the US. Set a date for your wedding as soon as possible.
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Misrepresentation and dishonesty are unacceptable. Tell the truth, no matter how embarrassing or painful it may be.
To avoid mistakes, you need patience, diligence and care. Do not compromise your future by taking shortcuts. Consult an immigration lawyer if you are unsure.
Your happily ever after is waiting for you!
At first, the visa process can be overwhelming. By following the above guidelines, things will run more smoothly. Take expert advice and legal representation to help you navigate the K-1 Visa program.