What is required for the K-1 fiance visa? There is a lot (a lot) of information out there. If you are confused by it, the following is meant to be a straight forward explanation of what the basic requirements are. For additional questions, please contact a New York City K-1 Visa lawyer. It doesn’t matter where you are located, the firm can assist clients throughout the United States and the world.
K-1 Fiancee Visa Requirements
- Both members of the K-1 visa couple must be free to marry when the petition is submitted.
- Both members of the couple must be capable of marrying the other in the state where they will marry.
- Both members of the couple must be ready to marry within 90 days of the foreign national’s entrance into the United States.
- The couple must have a good faith relationship with each other and be able to demonstrate it.
- The fiance couple must have physically seen each other within the two years immediately prior to when the petition is filed.
Further Explanations:
1. Both members of the K-1 visa couple must be free to marry when the petition is submitted.
Both individuals must be single. Period. Divorces must be finalized. They cannot be pending, and proof of any previous marriage ending must be provided.
2. Both members of the couple must be capable of marrying the other in the state where they will marry.
This means the couple must fit into a particular state’s marriage laws, including legal age, and incest laws.
3. Both members of the couple must be ready to marry within 90 days of the foreign national’s entrance into the United States.
Both the beneficiary and the petitioner must be ready to marry withing 90 days of the beneficiary entering the United States. The couple must be committed. Failure to marry leaves the foreign national with limited options while in the United States.
4. The couple must have a good faith relationship with each other and be able to demonstrate it.
It is the job of the couple (and their attorney) to show that the couple has a good faith relationship to the immigration agency. Good faith relationship means that the couple must be marrying for reasons other than for only immigration benefits.
5. The fiance couple must have physically seen each other within the two years immediately prior to when the petition is filed.
The law is strict. Couples must have physically see each other within the two years immediately prior to the K-1 Visa petition’s filing. There are two exceptions to this requirement: if the visit would cause extreme hardship to the K-1 visa petitioner, or if the visit would violate traditional customs. However, meeting those two exceptions is quite difficult and requires significant evidence.