The K-1 visa, aka fiancé visa, permits the engaged ally of a US citizen to come to the United States. The chief factor binding a K-1 visa is that the holder and the ally must get hitched within 90 days of entering the country. After tying the knot, the holder can seek permanent residence (a “green card”) on the basis of marriage.
Eligibility Criteria
- The sponsor needs to be a US citizen, as a mere green card holder cannot apply for the sponsorship of the K-1 visa
- Both parties should be unmarried while applying for the visa. To prove the same, the couple must furnish previous divorce decrees, if any, annulments, or death certificates of a former spouse
- The couple also has to validate their relationship
- It must be established that they met personally, at least once, within two years of applying for the visa
- They should also present a duly signed document specifying that they wish to get married within 90 days after the fiancé based overseas comes to the US
- The sponsor must meet mandatory income guidelines pertaining to a K-1 visa, chiefly the adjusted gross income on their most recent tax return must equal to at least 100% of the Federal Poverty Guidelines
- Most importantly, same-sex partners can also apply for a K-1 visa, irrespective of the legislation in the sponsored fiancé’s homeland
Method To Apply For The Visa
Please go through the process involved in applying for the visa underneath:
The Process Of Filing the Petition
- The sponsor is required to file Form I-129F, Petition for Alien Fiancé(e), with the USCIS office that comes under the jurisdiction of the area where they reside. Form I-129F should not be filed at a U.S. Embassy, Consulate, or USCIS office abroad
- Once USCIS gives the nod to the petition, it needs to be dispatched to the National Visa Center (NVC). The NVC will issue a case number and send the petition to the US Embassy or Consulate where the sponsor resides
