The K1 visa or fiancé(e) visa is a type of nonimmigrant visa that allows legal entry into the country for foreign fiancé(e)s of U.S. citizens. Now, what conditions should I meet to apply? Today we will discuss the requirements for the K1 visa.
At Urbina Immigration Law we can help you reunite with the person you love. Our team of attorneys has extensive experience in family immigration and can guide you through the entire process. Do not risk your future by facing this process on your own. Contact us and take the first step towards a life together with the person you love.
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Who is considered a “fiancé(e)” under U.S. law?
The first requirement for the K1 visa is to be engaged to a U.S. citizen. Under current law, this means that the foreign national in question is applying for a visa for the purpose of entering the U.S. to marry his or her U.S. citizen partner.
Please note that you will need to prove that your relationship is genuine and the marriage was not entered into with the sole intention of obtaining legal status in the country. This constitutes a violation of immigration laws, which can result in direct deportation from the country.
Who can apply for a K1 visa for your fiancé(e)?
The requirements for the K1 visa are as follows:
- Be a U.S. citizen.
- Be legally able to marry. Any previous marriage must have been legally dissolved by divorce, annulment or death.
- Intend to marry your fiancé(e) within 90 days of your admission to the United States.
- Have met your foreign fiancé(e) in person at least once in the last 2 years. However, this requirement may be waived if it is demonstrated that:
- Meeting in person is against the cultural customs of the foreign fiancé(e).
- The in-person meeting presents an extremely difficult situation for the petitioning U.S. citizen.
At Urbina Immigration Law, our attorneys can help you make sure you meet all the requirements for the K1 visa. Don’t risk your future with the person you love. Contact us today and take the first step towards a life in the United States with your loved ones.
What documentation do I need for the K1 visa interview?
As with other types of visas, another requirement for the K1 visa is to submit certain documentation in a timely manner. It consists of:
- Form I-129F (Petition for Alien Fiancé(e): This is the document that begins the K1 visa application process. It must detail the information of the U.S. citizen and his or her foreign fiancé(e). If you would like to know more about its requirements and particularities, you can read our article on Form I-129F.
- Form DS-160This form is essential and must be completed by both the fiancé(e) and his or her children, if any. Provides personal and travel information, allowing you to include all unmarried children under the age of 21 of your foreign fiancé(e) in your K1 visa application. It must be filed with the U.S. Department of State.
- Form I-601 (Application for Waiver of Grounds of Inadmissibility): If your alien fiancé(e) has any cause that prevents him/her from entering the United States, he/she may apply for an immigration waiver I-601. If you would like to learn more about this topic, you can read our article on immigration waivers.
- Valid passport: The passport must be valid for at least 6 months from the date of intended entry into the United States. It is important to verify identity and expiration date.
- Divorce certificate or death certificate: If you or your foreign fiancé(e) have been previously married, the divorce certificate or death certificate of the previous spouse must be presented as proof of the dissolution of the previous marriage.
- Two 2×2 photographs: Two recent photos of the foreign fiancé(e ) are required for identification purposes. They must meet size and quality specifications.
- Criminal Record Certificate: A criminal record certificate must be obtained from both the country of origin and any other country where the applicant has lived in the last 6 months. This is used to assess the applicant’s suitability.
- Proof of payment of fees: Evidence of payment of all fees required for K-1 Visa processing must be submitted. This may include receipts or payment confirmations.
It is advisable to seek legal assistance in gathering and completing the necessary documents, as any errors or omissions in the documentation could complicate your application. Don’t risk your future with the person you love. Contact the Urbina Immigration Law team and secure your stay in the United States.
What documents can serve as evidence of relationship?
Another requirement for the K1 visa is to demonstrate the authenticity of the relationship. This is nothing more than proving that your commitment is real and not just a way to get a visa. To do so, you may submit the following documentation:
- Photographs: Photographs together over time are an effective way to demonstrate the relationship. For example, you can include photos from different times and places, such as trips, celebrations, family reunions, etc.
- Correspondence: Copies of emails, text messages, letters or cards you exchanged during your relationship. This shows continuous and affectionate communication.
- Call Logs: If they have detailed phone call records or text message logs that show constant communication, they may be useful.
- Proof of personal visits: Document any in-person visits you have had. This may include airline tickets, hotel reservations, tickets to events together and passport stamps.
- Witness affidavits: Written statements from friends and family members who can attest to your relationship can be valuable. These witnesses can describe how they have observed your relationship and your commitment.
- Shared financial records: If they have shared bank accounts, credit cards or other financial aspects, these records may be evidence of a shared and committed relationship.
- Commitment documents: If you have formally committed, retain any related documents, such as commitment announcements, commitment ceremony records, etc.
Don’t risk your future with the person you love by facing this process alone. At Urbina Immigration Law we can help you gather all the evidence to support the authenticity of your commitment. Contact us today and take the first step towards your new life in the United States.
How much does the fiancé visa cost?
As mentioned above, the payment of fees for the filing of certain forms and other formalities is a requirement for the K1 visa. The cost of these rates is:
- Government fees: These fees can be in the range of $800. These are fees charged by the U.S. government to process the application.
- Form DS-160 filing fee: The cost to complete Form DS-160 is usually around $160 per applicant. This includes the foreign fiancé(e) and any accompanying children.
- Nonimmigrant Visa Application Fee (MRV): This fee is paid separately and is required to apply for a visa. The amount may vary by embassy or consulate, but is usually approximately $265 per applicant.
- Form I-129F Petition Fee: The U.S. citizen must file Form I-129F, which has an associated fee of $535.
- Medical examinations: These are examinations to verify that the foreigner does not pose a risk to public health. The cost can vary widely, but generally ranges between $100 and $500.
It is important to remember that some cases may apply for a fee waiver. At Urbina Immigration Law we can help you. Don’t let economic obstacles put an end to your dream. Contact us and get the fee waiver you need to file your application.
What happens if I enter the U.S. on a K1 visa and miss the 90-day marriage deadline?
Getting married within 90 days of admission is one of the requirements for the K1 visa, so it is mandatory. Otherwise, you may face the following consequences:
- Risk of deportation: You may be deported from the United States, as you would have failed to comply with the main condition of the visa.
- Loss of immigration status: You will lose the nonimmigrant status associated with the K-1 Visa once the 90 days expire. This means that you will no longer have legal permission to remain in the United States on such a visa.
If you get married after 90 days, you may have to initiate a status adjustment process. At Urbina Immigration Law we can help you. Our attorneys have extensive experience in family immigration proceedings and can assist you at all times. Contact us and get the legal status you need.
Can the duration of a K1 visa be extended?
No. According to the requirements for the K1 Visa, it expires automatically after 90 days from entry into the country. No extension is allowed. Staying longer violates immigration laws and may result in deportation and affect your eligibility for future immigration benefits.
How long does it take to process a K1 visa application?
Generally, the processing of a Fiancé(e) Visa takes approximately 4 to 6 months. However, this may vary depending on individual circumstances and the need for additional proof from USCIS.
Can the K1 visa be denied?
Yes, the K1 visa can be denied if the alien fiancé(e) does not meet the requirements for the K1 visa or if there is a criminal history that includes serious crimes, such as drug trafficking or human trafficking. Please note that USCIS carefully evaluates each application to determine eligibility.
I am eligible for a K1 visa, can my children travel with me?
Your children may accompany you if they are eligible for the K-2 visa and travel or join you within one year of the issuance of the K-1 visa. However, if they wish to travel after one year, they will not be eligible for the K-2 visa. If you become a permanent resident, your child may travel on the K-2 visa.
K1 visa requirements: The importance of having legal assistance
Meeting all the requirements for the K1 visa can be a more difficult task than it seems. Gathering documentation and proving the authenticity of your relationship to the authorities can be extremely overwhelming for any migrant.
At Urbina Immigration Law, our professionals not only have the necessary knowledge, but also the empathy to guide you through every step of the process. Don’t let the legal details overwhelm you. Contact us and take the first step towards a life together in the U.S.
Sources
USCIS – Visas for U.S. Citizen Fiancé(e) Visas
USDS – Nonimmigrant Visa for Fiancé(e) (K-1)
Other resources
K1 fiancé visa: everything you need to know
Form I129F: How to Start the K-1 Visa Application Process
Why can the K1 visa be denied? Factors influencing their denial
K1 Visa Approved: Steps to follow and Recommendations
What is the CR1 Visa? A complete guide
Conditional residency by marriage: what happens if I divorce before permanent residency?
How to complete the removal of conditions process with Form I-751
What proofs of marriage should I submit to USCIS?
Guide for beneficiaries: If I have a U Visa, can I get married?
