The information on this page is not intended as legal advice or to take the place of the services of a lawyer or legal professional
Getting the K-1 Fiance Visa
How to Apply for the K-1 Fiance visa
Certain things will make your fiance ineligible for a Visa including the following:
Overstaying a previous visa.
Submitting fraudulent documents.
If your fiance has been rejected, contact the Consular Officer who will explain the waiver process.
To file the K-1 Visa petition, contact the the U.S. immigration office that is closest to your home. Click here for the USCIS local office locator. As the U.S. citizen, you have to file (Form I-129F, Petition for Alien Fiance).
The U.S. Embassy or Consulate in your fiance's home country will provide instructions about where your fiance has to go for a medical examination. During the interview, the embassy or consulate will take your fiancés fingerprints. Children of K-1 visa applicants may apply for K-2 visas. You have to submit separate applications for each K visa applicant and each K visa applicant has to pay the visa application fee.
Proof of Financial Support for a K-1 Visa
Eligibility Requirements for a K 1 Fiance Visa
In order to get a K-1 Visa, the marriage must be legally possible according to laws of the U.S. state where you will be married. For example, some states have different laws about the minimum age for marriage. In general, you and your fiance must have met in person within the past two years.
However, the USCIS may grant an exception if there is an extreme hardship for you to meet your fiance in person. Another exception could be if meeting in person before marriage goes against the cultural or religous beliefs.
Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline, which is $10,890 a year.
If You Have Been Rejected for a K 1 Fiance Visa
Getting a K-1 Visa is generally a straightforward process of gathering the right documents and filling out the right forms.
But your case can be delayed if you don't follow instructions or you don't provide complete information.
It usually takes about six months to get a K-1 Visa. The K-1 visa allows your fiance to travel to the United States and marry you (the U.S. citizen sponsor) within 90 days of arriving in the states. (That means that you have to be a U.S. citizen.)
But even if you do everything perfectly with your K-1 petition, delays can happen that are beyond your control. Officials are often overworked and sometimes under-trained. A problem at U.S. Citizenship and Immigration Services (USCIS) can delay your petition 3 months or longer and a problem at the U.S. Embassy can delay the k1 visa application 6-12 months. Some visa applications simply require extra administrative processing.
For example, some applications are delayed simply because people don't give correct addresses or phone numbers.