Fiance Visa Requirements

The K1 non-immigration visa, commonly know as the fiance visa, is one of the most common visas. This visa allows a U.S. citizen to apply for a non-immigrant visa for a foreign national which allows the foreign national fiance to enter the U.S. for a period of 90 days for the purpose of marrying the U.S. Citizen.

If you are considering applying for a K1 fiance visa it is important that you fully understand all of the requirements to qualify for a K1 fiancee visa.

The Basic Requirements of the Fiance Visa

• The Petitioner Must Be a U.S. Citizen. You can't apply for a K1 visa for your fiance/fiancee if you are a lawful permanent resident. You must be a U.S. citizen.
• Must Have Met in Person in Last Two Years. The U.S. Citizen must have met his or her fiance in person within the last 2 years. There is a hardship exception for this requirement. For example, a waiver may be granted if the U.S. Citizenship petitioner is handicapped or some other reason prevented the parties from meeting in person.
• Bona Fide Intent to Marry. You must have a bona fide intent to marry your fiance within 90 days of his/her arrival to the U.S. (This is generally accomplished by a simple letter or of intent or affidavit.)
• Legally Free to Marry. You and your fiance must be legally free to marry. That is, all divorces must be final and each party must otherwise have the legal capacity to be married.

While meeting these basic requirements does not ensure that a K1 visa will ultimately be granted by the U.S. embassy or consulate, these are the basic requirements you must establish to obtain a USCIS approval of the I-129F.

Other Important Considerations

The basic requirements for the K1 visa are simple enough. In fact, they are so simple many people are mislead into believe that obtaining the K1 visa is a simple as that. Unfortunately, many people find out on the day of the K1 interview that it is not entirely that simple. Many K1 I-129F petitions which are approved by the USCIS are ultimately denied by the processing embassy or consular post. In order to avoid this, it is also important that you understand a bit more than the basic requirements. There are several additional factors you should consider before applying for a K1 visa.

Proving the Validity of Your Relationship

One of the most common reason K1 visas are denied at the consular level is the failure of the applicant to prove the "bona fide" nature of the fiance/fiancee relationship. Most of us are not accustomed to proving the validity of our personal relationships or feelings so this can be a bit of a challenge for lay people. So what is a "bona fide" relationship? In general, a relationship that is bona fide is one that is legitimate, based on love and other common foundations for romantic relationships. Relationships which are not bona fide are those which are primarily for purposes of obtaining a visa. How to prove the bona fide nature of your relationship is beyond the scope of this article but I have written about the subject before so take a look at my previous article for more information. However, here are a few things you should consider in evaluating the strength of your case in this area before you file:

• Length of Relationship. Relationship that are relatively new are carefully scrutinized by consular officials. I consider a relationship to be relatively new if the couple has known each other for less than one year at the time of filing.
• Significant Age Differences. Age differences are also another important factor considered by consular officials in determining the bona fide nature of a relationship. If you and your fiance' have a difference in age of more than 10 years it will be more difficult to establish the bona fide nature of your relationship.
• Number of Previous Meetings. While the law only requires that the petitioner and K1 applicant have met once in the past two years, couples who have only met once will have to present a strong case that the relationship is bona fide. This is especially true in cases where the relationship is also relatively new or there is a significant age difference.
• Language Barriers. If you and your finance do not share a common language the consular official may find it difficult to believe that the relationship is bona fide without establishing that you have a reasonable method of communication.

Issues of Inadmissibility

Even if you meet the basic requirements for the K1 visa and can prove the relationship is bona fide, the applicant will not be issued a visa if he or she is found to be inadmissible to the U.S. Here are some common reasons a K1 applicant may be found to be inadmissible:

• Criminal Convictions. K1 applicants who have been convicted of certain crimes are inadmissible to the U.S. Generally speaking, any crime which is a felony in the U.S., relates to dishonesty or theft, violence or drugs may raise an issue of inadmissibility.
• Drug or Alcohol Use. K1 applicants who are found to have used a drug which is illegal in the U.S. will be inadmissible to the U.S. Applicants who are found to have an alcohol abuse problem may also be inadmissible.
• Previous Immigration Violations. K1 applicants who previously enter the U.S. illegally or stayed longer than authorized on a previous visit to the U.S. may be inadmissible. Applicant's who have previously had a K1 visa, immigrant visa or other visa application denied may also be inadmissible.

Affidavit of Support Issues

The K1 petitioner must be able to establish that he or she can support the K1 applicant. All K1 petitioners are required to submit an Affidavit of Support showing that the petitioner has sufficient income or assets to support the applicant. K1 visa applications are routinely denied in cases where the petitioner does not have sufficient income or does not adequately prove he or she has the financial resources to support the applicant.

Closing Thoughts

While all K1 petitions must meet the basic requirements established by U.S. law, obtaining a K1 visa is significantly more complex than the basic requirements indicate. If you would like a free evaluation of your K1 case please complete our online case evaluation form. For those who are interested in some good self-help tools for the K1 visa please take a look at my K1 fiance visa guide or my K1 case assistance service.