What are the requirements for the application?
In order to apply for a K-1 fiancé visa, you must provide proof of the following:
- You must prove you intend to marry within ninety days of the fiancé’s entry.
- You must prove the marriage will be legal.
- You must prove you’ve met the fiancé within two years of filing the petition. This requirement may be waived in circumstances where an in-person meeting was impossible, due to customs or social practices in the foreign culture.
- You must provide a criminal record if any. Your petition may be denied if you’ve been convicted of a criminal offense against a minor.
- You must demonstrate that your fiancé is financially self-sufficient (with a job already lined up), or that you will be able to financially support both of you.
- You must prove your fiancé is allowed to enter the United States. He or she may be inadmissible if he or she has a criminal record, has lied during the K-1 petitioning process, or has a previous history of staying illegally in the U.S. If he or she is inadmissible, a special waiver may be needed to acquire a K-1 fiancé visa.
Only a United States citizen may file for a K-1 fiancé visa. This means you, the U.S. citizen, must apply for the visa on behalf of your fiancé who wishes to immigrate. More about eligibility for a fiancé visa.
Because a K-1 fiancé visa expires after ninety days, steps must be taken by the fiancé to apply for adjustment of status to be considered a Lawful Permanent Resident (LPR) within ninety days. Once the fiancé becomes an LPR, he or she may apply for green card status. If the approval of LPR status takes longer than the ninety days permitted by the K-1 fiancé visa, the fiancé is still allowed to remain in the United States until the approval process is complete.