K-1 Visa for Fiancé(e)s of U.S. Citizens

What is a K-1 Visa?

The K-1 fiancé(e) visa is a non-immigrant visa for the foreign national fiancé(e) of a U.S. citizen. This visa allows the foreign citizen fiancé(e) to travel to the United States and marry his or her U.S. sponsor within 90 days of arrival.

Eligibility Criteria for a Fiancé(e) Visa

To apply for a K1 visa, both the sponsor and the fiancé(e) must meet several requirements. These are some of them.

U.S. Sponsor Requirements:

• Must be a U.S. citizen. You can prove this with your birth certificate or unexpired passport, among other documents.
• Must meet 100% of the Federal Poverty Guidelines income level for their household size. If you do not meet this requirement, an additional financial sponsor must submit a supplemental affidavit of support.
• Must file Form I-129F with USCIS.

Foreign Fiancé(e) Requirements:

• Must live outside the United States.
• Must prove that they have not committed crimes that prohibit entry into the United States.

Criteria for the Couple:

• They must have met in person at least once in the two years prior to applying for the K-1 visa.
• Both must be eligible to marry. This means that they must both be single, of legal age, and present evidence that any previous marriages have been dissolved.
• Both parties must prove that the relationship is legitimate. Among the documents that can be presented are photographs, statements from friends, and letters or emails addressed to each other.
• Both must provide a signed statement indicating an intent to marry within 90 days of the beneficiary fiancé(e)'s entry into the United States.

Fortunately, many exceptions can help you and your partner. For example, if your fiancé(e) lives in a dangerous country (e.g., there are armed conflicts), you may not be required to meet in person. In addition, same-sex couples may apply for a K-1 visa regardless of whether or not the home country allows same-sex marriage.

The K1 visa application can be complex and can be affected by multiple factors. This is why it is so important to discuss your case with an attorney! Call us today at 407-802-1717.

How long can the process for obtaining a K-1 fiancé(e) visa take?

The average processing time for a K-1 fiancé(e) visa application is six months. However, this time can vary depending on the country where the application is filed. Recent processing disruptions due to the pandemic can also impact this average. Requests for additional evidence or interviews may also impact the processing time.

Once the above requirements are met and the K-1 visa is approved, the foreign fiancé(e) is given six months from the date of approval of the initial I-129F form to enter the United States.

Why do K1 Visas get denied?

One of the most important reasons why K1 Visa applications are denied is because the relationship may look fraudulent. Relationships might not look real if the proper documents proving the relationship have not been submitted, if the couple have kept their relationship hidden, or the couple has not met in person. Oher factors that may raise suspicion about the legitimacy of the relationship are the practice of different religions, belonging to very different cultures, and not talking the same language.

Other important reasons for a K1 Visa denial are:

• Having a criminal record
• Missing important USCIS deadlines
• Not showing that the marriage will be celebrated within 90 days
• Lack of proof that the petitioner can financially support their future spouse
• Having certain medical conditions

How much does a K-1 fiancé(e) visa cost?

The government charges $535 cost to process the K-1 visa, and there be fees for medical exams, vaccinations, translations and nonimmigrant visa processing. Attorney fees may range from $1,500 to $8,500, depending on the attorney’s experience, education, and record of successes. Particular complexities in your case, the specifics of your contract, and what services are included along the processes must be taken into account in reviewing your attorney’s fees. Specific services that may or may not be included in your contract include the petition, consular processing, and adjustment of status once you arrived in the United States.

Fiancé(e) visa or marriage visa?

There are differences you must discuss with an attorney before you apply, such as the place of marriage, processing fees, travel permits, and more.

Generally, while the fiancé visa is a much faster way to bring your partner to the U.S., it is more expensive. On the other hand, the marriage visa may be slower, but is cheaper and the fastest way to gain permanent residency.

Contact our fiancé(e) visa lawyers today for a consultation

Looking for a nonimmigrant visa for that special someone? Contact Symphorien-Saavedra Law at 407-802-1717. Our law firm has extensive knowledge and experience in all aspects of U.S. immigration and nationality law matters. Immigration attorney Frank Symphorien, our founder, is board certified as an expert in Immigration and Nationality Law by the Florida Bar and has helped many Americans to bring their fiancé(e) to the U.S. We are dedicated professionals and first-generation immigrants or direct descendants from Brazil, Argentina, Poland, Venezuela, Cuba, Mexico, and Colombia, and can communicate with you in English, Spanish, Polish, and Portuguese.

Check our clients’ reviews and contact us to schedule a consultation with one of our immigration attorneys and discuss your specific situation.