K-1 Fiancé/Fiancée Visa Petition

What is a K Visa?

K-1 Visas are known as fiancé(e) visas. In order to qualify for a K-1 Visa the Beneficiary must abide by the following:

  1. The Petitioner must be a US citizen;
  2. The Beneficiary must be entering the United States with the sole intention of engaging in a valid marriage with the petitioner; and
  3. The Beneficiary must marry the Petitioner within 90 days of arriving to the United States.

Who Qualifies for a K Visa?

In order to qualify, you must be a fiancé(e) of a US citizen and must be the recipient of an I-129F. In order for the marriage to be valid, the marriage must be legally possible according to the laws of the United States and the state in which the marriage is to take place.

What Documents are needed for a K Visa?

The first document that is required is an I-129F, which is a document that must be filed by the U.S. citizen who is sponsoring the Beneficiary. An I-129F is a Petition for Alien Fiancé(e) and must be filed with the USCIS office that serves the area where the Petitioner lives. Once USCIS sends your I-129F to the National Visa Center (NVC) and NVC informs you that they have sent your fiancé(e)’s application to the U.S. Embassy or Consulate you should compile the following documents and apply for a K-1 visa and prepare for an interview.

  1. Completed Form DS-160, Online Nonimmigrant Visa Applicant,
  2. A passport valid for travel to the US with a validity date at least six months beyond your intended period of stay in the U.S.,
  3. Divorce or death certificate(s) of any previous spouse(s) for both you and the U.S. citizen sponsor,
  4. Police certificates from your present country of residence and all countries where you have lived for six months or more since you were sixteen years old,
  5. Medical examination,
  6. Evidence of financial support (Form I-134, Affidavit of Support),
  7. Evidence of relationship with your U.S. citizen fiancé(e)

This is not an exhaustive list, but rather, is being provided to give you an idea of the types of documents needed.

Interesting Facts about K Visa

The I-129 cannot be filed at the U.S. Embassy or Consulate where your fiancé(e) lives, rather it must be at the USCIS office where you live.

If you are caught drug trafficking, overstaying a previous visa, or submitting fraudulent documents, you may be ineligible for a K-1 visa.

Attorney’s Role

To discuss a K-1 petition with an experienced immigration attorney from the American Visa Law Group, feel free click the contact us tab and fill out an inquiry form or call us at 510-500-1155.