How do I Become Eligible for a K-1 Visa?

If you are a foreign national and your fiancé is a US citizen, then you may be eligible for a K-1 Visa. A K-1 Visa is a nonimmigrant visa which allows a U.S. citizen’s fiancé to enter the U.S. to get married. Once married in the U.S., they can apply for a marriage-based green card.

Let’s look more deeply into eligibility for a K-1 visas.

How Do I Qualify for a K-1 Visa

You may qualify for a K-1 visa if you are a foreign national who resides outside of the United States, you are legally free to marry, you have met your U.S. citizen partner in person within the past two years, and you are not subject to any ground of inadmissibility for the visa, for example due to past criminal history.  Your U.S. citizen fiancé must be able to prove that he or she will be able to support you financially in the U.S.

K1 Visa Eligibility and Requirements

In general, to receive a K-1 fiancé visa, the following must be true:

·       Your fiancé be a U.S. citizen and able to provide one of the following documents:

o   A current and valid US passport

o     A U.S. birth certificate

o   A Certificate of Naturalization or Certificate of Citizenship

o   A Consular Report of Birth Abroad (CRBA)

·       You and your fiancé must be planning to marry within 90 days of arrival in the United States

·       You and your fiancé must be legally free to marry in the United States  any previous marriages must have been legally terminated by divorce, death, or annulment. You can show proof by submitting any of the following documents:

o   A divorce decree

o   An Annulment order

o   A Death certificate.

·       You and your fiancé have met at least once in person within the two-year period before filing with the K-1 visa application. A waiver is available and can be requested if meeting in person violates religious or cultural practices or causes extreme hardship.

·       You can prove that your relationship is legitimate and can provide evidence from the beginning of your relationship through your engagement.

·       Your fiancé meets the income requirements to serve as your financial sponsor

Contact Hurtubise Weber Law

If you are seeking a K-1 visa, schedule a consultation with Hurtubise Weber Law.