K1 Fiancé Visas

A K1 fiancé is a non-immigrant visa that allows a foreign national fiancé of a U.S. citizen to travel to the United States for the purpose of marrying their U.S citizen sponsor within 90 days of arrival. This is oftentimes a first step in obtaining lawful permanent residency for a foreign national spouse.

Obtaining a K1 visa can be a complicated and time-consuming process, however, it is made easier with the assistance of an immigration attorney. The attorneys at Premier Immigration Solutions can assist you through the entire process.

What are the Requirements for a K1 Visa?

In order to be eligible for a K1 visa the United States Citizenship and Immigration Services (USCIS) has multiple requirements including:

• The petitioner must be a U.S. citizen (not just a permanent resident) and the petitioner, and the beneficiary fiancé must be both be legally eligible to marry under U.S. law.
• The petitioner and the beneficiary must have a genuine intent to marry within 90 days of the beneficiary fiancé entering the United States.
• The couple must have met in person at least once within the two years preceding the filing of the petition for the K1 visa. However, a waiver of this requirement may be granted if there are hardships or cultural reasons.
• The petitioner is required to meet certain income requirements that demonstrate the ability to support the foreign fiancé upon arrival in the United States.
• Both parties are subject to criminal background checks and medical examinations. The beneficiary fiancé must not be inadmissible based on factors such as criminal history, immigration violations, and/or health related grounds.
• Both parties must be able to demonstrate that a bona fide relationship exists and a genuine intention to marry.

The team at Premier Immigration Solutions can assist in determining if the parties meet the eligibility requirements and assist you with the next steps.

What is the Process of Obtaining a K1 Visa?

Obtaining a K1 visa is a multi-step process that begins with the U.S. citizen submitting a petition to the USCIS along with supporting documentation such as proof of U.S. citizenship, evidence of the relationship, and a statement of intent to marry. The USCIS will review the petition and either approve or deny the petition.

If the petition is approved, a case number will be assigned. The beneficiary fiancé will then be required to submit a nonimmigrant visa application and schedule an interview at a U.S. embassy or consulate. They also undergo medical examinations and will need to gather the required documentation. The beneficiary will attend their interview at U.S. embassy or consulate on the scheduled date where they may be asked about the relationship, their intentions to marry, and any other relevant questions.

If approved, the K1 visa will be issued which allows the fiancé to travel to the United States. Once they travel to the U.S., the couple must marry within 90 days. Once the couple is married, they can apply for an adjustment of status in order to obtain permanent residency.

Why is Having an Attorney Important in Obtaining a K1 Visa?

The K1 visa process is complicated and requires many different forms to be correctly filled out and submitted. Additionally, the USCIS looks for specific supporting documentation when deciding whether or not to approve an application. An immigration attorney understands how to make sure these forms are done correctly and what type of documentation the USCIS is looking for, so they can help you gather strong supporting documentation.

Additionally, an attorney can help prepare the beneficiary fiancé for the interview process and what to expect. And, after the marriage, your attorney can assist you in applying for permanent residency. The team at Premier Immigration Solutions can guide you through the entire process and make it easier and less stressful for you. If you are considering applying for a K1 fiancé visa, contact Premier Immigration Solutions today to set up a consultation.