Blog

Requirements to Request and Apply for a K-1 Visa and Benefits

Requirements to Request and Apply for a K-1 Visa and Benefits

The K-1 visa, commonly known as the fiancé(e) visa, offers a unique opportunity for foreign nationals engaged to marry a U.S. citizen to enter the United States for the purpose of getting married. This visa allows couples to be together in the U.S. and eventually pursue lawful permanent residency (green card status). 

In order to be eligible for a K1 visa, there are specific criteria that must be met by both the petitioner (the US citizen) and the beneficiary (the foreign fiancé/fiancée). These requirements are set by the United States Citizenship and Immigration Services (USCIS). Here’s a detailed look at the requirements:

Petition by U.S. Citizen:

The first step involves the U.S. citizen petitioner filing Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This form establishes the intent to marry the foreign fiancé(e) within 90 days of their arrival in the United States.

Both Parties Must Be Eligible to Marry:

Both the U.S. citizen petitioner and the foreign fiancé(e) must be legally free to marry. This typically means they are unmarried and able to provide evidence of any previous marriages being legally terminated through divorce, annulment, or death certificate.

Your road to the American dream starts here, contact us now!

Genuine Relationship:

The couple must demonstrate a genuine relationship and intention to marry within 90 days of the fiancé(e) entering the United States. Evidence of this includes photographs together, correspondence, joint travel records, and statements from friends and family who can attest to the authenticity of the relationship.

Financial Support:

The U.S. citizen petitioner must demonstrate the ability to financially support the fiancé(e) in the United States. This is typically done by providing Form I-134, Affidavit of Support, which shows sufficient income or assets to meet the minimum income requirements to support the fiancé(e).

We recommend you to see this article: K1 Visa: Who Can Apply?

Medical Examination:

The fiancé(e) must undergo a medical examination by an authorized physician to ensure they meet health requirements for entry into the United States. The results of this examination are submitted as part of the visa application process.

Security Checks:

Both the U.S. citizen petitioner and the fiancé(e) are subject to security checks conducted by U.S. immigration authorities to ensure they do not pose a security risk to the United States.

At Gillman Immigration Law, we understand the importance of proper legal advice, visit our website and get the help you deserve.

Interview in the U.S Embassy or Consulate:

After USCIS approves the Form I-129F petition, the case is forwarded to the National Visa Center (NVC) and then to the U.S. Embassy or Consulate in the fiancé(e)’s home country. The fiancé(e) is required to attend an interview at the U.S. Embassy or Consulate to demonstrate eligibility for the K-1 visa.

Intent to Marry and Adjust Status:

Upon approval and entry into the United States with a K-1 visa, the couple must marry within 90 days. After marriage, the fiancé(e) can apply for adjustment of status (Form I-485) to obtain lawful permanent residency (green card status) in the United States.

We recommend you to see this article: The Benefits Of A K-1 Visa Application

Additional Considerations:

Documentation: Gather all required documents, including passports, birth certificates, divorce or death certificates of any previous spouses, police certificates, and evidence of financial support.

Legal Advice: Consider consulting with an experienced immigration attorney or accredited representative to navigate the application process smoothly and ensure all requirements are met.

Benefits of the K-1 Fiancé(e) Visa:

Legality and Work Authorization:

The K-1 visa grants lawful status in the United States, allowing the fiancé(e) to legally reside and work in the country upon entry. This provides immediate eligibility for employment and the ability to establish a life together without delay.

We are your trusted ally to achieve immigration success, contact us!

Pathway to Permanent Residency:

After marriage and adjustment of status (Form I-485 application), the fiancé(e) can obtain lawful permanent residency (green card status) in the United States, granting them permanent residence and the ability to live and work indefinitely.

Family Unity:

The K-1 visa facilitates family reunification by allowing couples to live together in the United States and build a future as a married couple, along with potential benefits for eligible family members.

Legal Protections and Opportunities:

K-1 visa holders are protected under U.S. law and have access to healthcare, education, and other social services available to lawful residents.

The K-1 fiancé(e) visa process offers couples an opportunity to start their married life in the United States, with a  clear pathway to permanent residency. By meeting the eligibility criteria, providing required documentation, and navigating the application process effectively, couples can achieve their goal of living together in the U.S.

We recommend you to see this article: Asylum: Who Can Apply?

At Gillman Immigration, we have experienced immigration attorneys that can facilitate a successful application process.

If you or someone you know is planning to apply for a K-1 fiancé(e) visa, understanding these requirements and benefits is essential for making informed decisions and preparing for a new chapter together in the United States.

If you found our article useful, please share it with someone who might need it. And don’t forget to follow us on FacebookInstagramTiktok and LinkedIn, as well as check out all our services at gillmanimmigration.com.

Facebook
WhatsApp
Twitter
LinkedIn
Pinterest
ABOUT DIRECTOR
gillman immigration

Stay updated with the latest immigration news in the United States

We are here

to help you achieve
your american dream

Scroll to Top
This site is registered on wpml.org as a development site.