What is the K-1 Visa?

The K-1 Visa is a non-immigrant visa that enables foreign nationals engaged to U.S. citizens to travel to the United States. The couple must marry within 90 days of the fiancé’s arrival, after which the foreign spouse can apply for a Green Card to become a lawful permanent resident.

Key Features of the K-1 Visa

• Temporary visa status for 90 days, requiring marriage within this period.
• Eligibility to adjust status to a Green Card after marriage.
• Inclusion of dependent children under the K-2 Visa category.

Who Qualifies for the K-1 Visa?

To be eligible for a K-1 Visa, applicants must meet the following requirements:

• Valid Engagement: The couple must intend to marry within 90 days of the foreign fiancé’s arrival in the U.S.
• Genuine Relationship: Proof of a bona fide relationship is required, demonstrating that the engagement is not solely for immigration benefits.
• Meeting in Person: The couple must have met in person within the past two years (exceptions may apply for extreme hardship or cultural reasons).
• U.S. Citizen Petitioner: The petitioner must be a U.S. citizen.

Benefits of the K-1 Visa

• Fast Path to Marriage: Allows couples to marry in the U.S. without lengthy delays.
• Family Inclusion: Dependent children of the foreign fiancé can join under the K-2 Visa.
• Path to Permanent Residency: Enables the foreign spouse to apply for a Green Card after marriage.

Step-by-Step Guide to the K-1 Visa Process

1. File Form I-129F (Petition for Alien Fiancé): The U.S. citizen petitioner submits Form I-129F to U.S. Citizenship and Immigration Services (USCIS). This petition establishes the qualifying relationship.
   • Proof of U.S. citizenship (passport, naturalization certificate).
   • Evidence of the relationship (photos, communication records, travel itineraries).
   • Statement of intent to marry within 90 days of arrival.
2. USCIS Reviews the Petition: Once USCIS approves the petition, it forwards the case to the National Visa Center (NVC) for processing and eventual transfer to the U.S. Embassy or Consulate in the foreign fiancé’s country.
3. File the DS-160 Form: The foreign fiancé completes the DS-160 Nonimmigrant Visa Application form online.
4. Schedule and Prepare for the Visa Interview: The foreign fiancé schedules an interview at the nearest U.S. Embassy or Consulate and prepares the following documents:
   • Valid passport.
   • Approved Form I-129F.
   • Medical examination results from a designated physician.
   • Evidence of the relationship and engagement.
5. Attend the Visa Interview: The consular officer verifies the authenticity of the relationship and ensures all eligibility criteria are met. Common questions include:
   • How did you meet your fiancé?
   • What are your wedding plans?
   • Can you describe your relationship timeline?
6. Receive the K-1 Visa: Upon approval, the foreign fiancé receives the K-1 Visa and can travel to the U.S.
7. Marry and Adjust Status: The couple must marry within 90 days of the foreign fiancé’s arrival. After marriage, the foreign spouse can file Form I-485 to adjust status to lawful permanent residency.

Common Challenges with the K-1 Visa Application

1. Proving a Genuine Relationship: Applications require extensive documentation, including photographs, travel records, and correspondence, to prove the relationship is authentic.
2. Meeting the Financial Requirements: The U.S. citizen petitioner must meet income requirements to support the foreign fiancé. Filing Form I-864 (Affidavit of Support) demonstrates financial capability.
3. Navigating Complex Cases: Applications involving prior immigration violations or criminal history require additional legal support to address potential complications.

How Larhdel Law Can Help You Succeed

• Petition Assistance: Ensuring all forms and evidence are complete and accurate.
• Relationship Evidence Support: Helping couples compile strong documentation to prove their engagement.
• Interview Preparation: Coaching applicants to confidently answer questions and present their case during the visa interview.
• Overcoming Challenges: Addressing legal issues, inadmissibility concerns, or waivers to keep your application on track.

Contact us at 310 943 6352 for personalized guidance tailored to your unique situation.

Real-Life Success Stories

• Case 1: Long-Distance Couple Proves Their Relationship: A U.S. citizen and their foreign fiancé faced scrutiny due to limited time together. By compiling communication records, travel itineraries, and photos, we helped secure their K-1 Visa approval.
• Case 2: Resolving Financial Sponsorship Issues: A petitioner worried about meeting income requirements sought our help. We identified a joint sponsor, ensuring the application met USCIS standards.
• Case 3: Overcoming Cultural Barriers: A couple from a culture where public relationships are rare faced challenges proving their engagement. We provided alternative evidence, such as statements from friends and family, leading to approval.