K-1 Fiance Visa Application

To obtain a quote for a K-1 fiance visa, call (614) 428-2887 between the hours of 8:00 AM to 5:00 PM (EST) or use our consultation form below and an experienced lawyer will get back to you within 24 hours.

Proof Requirements for K-1 Visa Fiance Application

The following must be established to obtain a K-1 visa:

• The petitioner is a U.S. citizen;
• The petitioner intends to marry within 90 days of the fiancé entering the United States;
• Both the petitioner and the fiancé are free to marry (all prior marriages are legally dissolved); and
• The couple must have met in person at least once within two years of filing or come within one of two narrow exceptions.

The U.S. citizen petitioner files Form I-129F with USCIS to establish eligibility for the fiance visa. It is very important that the evidence submitted with the fiance visa petition is correct, reliable, and probative. Our law firm will guide you through the required evidence and will work with you to ensure it is the best possible evidence.

What Documents are Required?

The following documents are filed with USCIS as the first stage of the K-1 process:

1. Immigration forms (Form G-28; Form I-129F, and Form G-325A for both the petitioner and beneficiary)
2. Filing Fees of $535 (filing fees set by USCIS are subject to change. Please refer to USCIS.gov for current filing fee information)
3. Passport-style photos for petitioner and beneficiary
4. Proof of the petitioner’s U.S. citizenship
5. Statement by the petitioner and beneficiary that they intend to marry within 90 days of the K-1 entrance
6. Proof of the bona fides of the relationship
7. Compliance with the International Marriage Broker Regulation Act, if required, and
8. Proof that the petitioner and beneficiary have met in person within two years of filing the petition.

A waiver of the in-person meeting requirement can be requested. If requesting a waiver, you must include a detailed explanation and evidence that compliance with the in-person meeting requirement would result in extreme hardship to the petitioner, or that compliance would violate strict and long-established custom or practice of the beneficiary’s foreign culture. See 8 CFR §214.2(k)(2) for more details.

Best Practices for K-1 Visa Fiance Application

Our office will conduct best practices for drafting the K-1 visa application. For example, a well-drafted and detailed affidavit from both the petitioner and the beneficiary can be very beneficial in establishing the bona fide relationship and the intention to marry within the required time period. The adjudicator needs to know when you met, how you met, and where you met.

Other evidence may include documentation of gifts to the couple, money being sent from the petitioner to the beneficiary, pictures with explanations, travel itineraries and/or plane tickets to document visits, and affidavits of friends attesting to the relationship. There is no limit to the types or amount of evidence that can be submitted. It is best to provide enough evidence to convince a hostile adjudicator. The fiance application will be forwarded to the U.S. consular post where your fiance will schedule an interview to obtain the actual K-1 visa.

Once the K-1 Visa Is Issued

Once the consulate issues the K-1 visa, it is valid for six months and a single entry. This gives the applicant six months to close out affairs in his or her home country before moving to the United States. Once the K-1 has entered the United States, there is no way for him or her to return without advance parole, so it is important that all matters that require personal attention are wrapped up. Also, the fiance must marry within 90 days of entering the United States.

Depending on whether you will get married civilly at the courthouse, or whether you are planning a more elaborate ceremony, you will need to plan ahead so you do not exceed the 90-day marriage time frame.

After the K-1 Fiancé Enters the U.S.

Upon entering the U.S., the K-1 visa holder will be issued an I-94 valid for only 90 days. Then, the beneficiary must file a complete adjustment of status package (Form I-485), including Form I-864, Affidavit of Support. Fortunately, the medical examination report will not be required since it was already completed and submitted to the consular post.

Break-up of K-1 Relationship or Death of U.S. Fiancé Before Marriage

Unfortunately, the regulations at 8 CFR §245.1(c)(6)(i) are very clear that the beneficiary of a K visa can adjust status in the United States only by virtue of the relationship to the K visa petitioner and a marriage within 90 days of admission. If the petitioner and beneficiary break up, there is no other option for the K beneficiary but to leave the United States. Moreover, he or she will accrue unlawful presence after the 90-day K-1 period expires.

Divorce or Death Before Adjustment of Status But After Marriage

Divorce or death after marriage, however, is different from a break up or death before the marriage. If the beneficiary made a lawful admission in K-1 status and married within the required 90 days, then the beneficiary is able to adjust status to lawful permanent residence. Matter of Sesay, 25 I&N Dec. 431 (BIA 2011).

Do I need an Immigration Lawyer?

The K-1 visa can be difficult to prove, as establishing a bona fide long-distance relationship is not an easy task. Consular returns continue to be a problem especially with the limited validity period of the K-1 visa. It is important to prepare fiance application with enough documentation of the bona fides of the relationship so that the K-1 visa is issued at the consular post. Once the K-1 has entered the United States, the marriage must occur within 90 days. If the K-1 petitioning spouse dies or if there is a divorce after a marriage that occurred within the 90-day period, then Matter of Sesay holds that adjustment is still possible.