Purpose of the K-1 Fiance Visa

The K-1 Fiance Visa allows fiances of U.S. citizens to enter the U.S. on a nonimmigrant visa for the purpose of marrying their U.S. citizen fiance within ninety days of admission into the U.S.

Eligibility Requirements for the K-1 Fiance Visa

In general, to qualify for a K-1 Fiance Visa the applicants (the U.S. citizen petitioner and the foreign national beneficiary) must:

1. both be legally free to marry at the time of filing the petition (all prior marriages must have been legally terminated);
2. have met in person within the two years immediately preceding the filing of the petition (this final requirement may be waived in limited circumstances);
3. intend and continue to intend to marry each other within ninety days of the foreign national spouse's entry into the U.S.

Minor children of the K-1 fiance may be included in the petition. See K-2 Visa for children of K-1 fiances.

Supporting Evidence for the K-1 Fiance Visa

Supporting documents necessary to prove your eligibility for the K-1 Fiance Visa will vary depending on the specifics of your case, but in general should include:

1. evidence of the petitioner's U.S. citizenship such as copies of U.S. passport, U.S. birth certificate, etc.;
2. proof of the legal termination of all prior marriages;
3. evidence that both spouses are of legal marrying age in the U.S. state in which you intend to marry;
4. evidence that you and your fiance have personally met each other within the last two years prior to filing the petition, such as photos; OR
• if you and your fiance have not met each other, a detailed explanation and evidence of the extreme hardship or customary cultural practices prohibiting such a meeting prior to marriage;
5. original signed statements affirming your mutual intent to marry within ninety days of the foreign national fiance's admission into the U.S.;
6. evidence demonstrating your mutual intent to marry within ninety days of arrival in the U.S.;
7. for U.S. citizen petitioners convicted of certain crimes, you must also submit certified copies of all court and police records pertaining to the relevant criminal convictions;
8. for U.S. citizen petitioners who have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of their present petition, you must apply for a waiver. To request a waiver you must submit a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence in support of your request. Examples of such evidence include, but are not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K visa. If you have committed a violent offense against a person or person, USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist.