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4 criteria for K-1 visas

On Behalf of | Sep 25, 2023 | Family Immigration

If planning to unite your life with a U.S. citizen or permanent resident through marriage, you may wonder about the eligibility criteria for obtaining a K-1 fiancé visa.

This type of visa allows foreign nationals to live with their American fiances in the United States. The government has certain requirements to qualify for this visa.

1. Legal intent to marry

First and foremost, you must have a legally recognized intent to marry a U.S. citizen or permanent resident to be eligible for a fiancé visa. This means that both you and your American fiancé must genuinely intend to marry each other within 90 days of your arrival in the United States.

2. Petitioner’s citizenship or permanent residency

The U.S. citizen or permanent resident fiancé serves as the petitioner. To apply for a K-1 visa, the petitioner must be able to prove their status as a U.S. citizen. Only U.S. citizens can sponsor their foreign-born fiancé.

3. Proof of a genuine relationship

Immigration authorities scrutinize fiancé visa applications to ensure the relationship is legitimate. Applicants must provide substantial evidence of their genuine relationship, such as photographs, correspondence, evidence of visits, and affidavits from family and friends attesting to the authenticity of the relationship.

4. Financial support

The sponsoring fiancé must demonstrate they have the financial means to support their foreign-born fiancé in the United States. This typically involves submitting tax returns, pay stubs, and a completed Affidavit of Support form.

Completing the required application forms accurately and in full is important for this process. While K-1 visas had an 82.2% approval rating in 2021, incomplete or incorrect forms can lead to processing delays or visa denial.