The K-1 Fiancé visa is issued to those who are engaged to US citizens and wish to marry. This process will allow your fiancé to travel to the U.S. and gain legal permanent residency through marriage. Here are the requirements:

1. US Citizenship Requirement

You, the petitioner, must be a U.S. citizen to file a petition for alien fiancé. If you are not a U.S. citizen but are engaged, please refer to our marriage visa article as this may be an alternate option. To prove citizenship, usually a birth certificate, naturalization certificate, or US Passport is used as evidence.

2. Legal Ability to Marry

You and your fiancé must both be single and legally free to marry. This means all divorces must be finalized before you can file for the K-1. You will both have to submit proof of all terminated marriages at the time of filing.

3. In-Person Meeting Requirement

You and your fiancé must have met in person at least one time within the last two years. This requirement is mandatory. If you have not seen your fiancé in person before or if it has been two years since you have, you must plan a trip soon.

💡 Important Note

Skype, WhatsApp, Viber and other video applications do not satisfy this requirement. You must meet in person.

4. Proof of Meeting

You must have proof of your in-person visit. This can include:

  • Photos together
  • Boarding passes
  • Itineraries
  • E-tickets

If adequate proof isn't submitted, you may receive a Request for Evidence (RFE).

5. Criminal Background

You must not have committed particular crimes. This generally refers to multiple drug/alcohol arrests, sexual crimes, or domestic violence. Please contact us if you do have a criminal history so we can discuss your options.

6. Financial Support

You must be able to financially support your fiancé. The I-864P Poverty Guidelines covers the minimum income requirement. The minimum income required varies depending on your household size. The U.S. citizen sponsor must earn at least 100% of the federal poverty guidelines, proven usually with tax returns.

The Process

The visa petition is initially filed with USCIS and once approved, transferred to the US Embassy or Consulate via the Department of State. A visa interview with the consular officer is required before entering the United States.

Once approved and your fiancé enters the United States, you must marry within 90 days. After marriage, you can apply to adjust status (file for the Green Card).

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Modern Law Group is a national immigration law firm with offices in California, New York, Texas, Florida, Illinois, and Pennsylvania. We've helped over 10,000 families achieve their American dream.