K1 Visa

K1 Visa Guide: Key Things You Need to Know About the K1 Visa

Overview of the K1 Visa

The K1 visa, also known as the fiancé visa, enables the foreign-born fiancé of a U.S. citizen to enter the United States, get married, and apply for a green card. This visa is designed for couples who are ready to start their lives together in the U.S.

Application Process

To obtain a K1 visa, the U.S. citizen fiancé (petitioner) needs to file Form I-129F on behalf of the foreign-born fiancé (beneficiary).

Eligibility and Application Requirements

Meeting specific eligibility criteria and adhering to precise application steps is crucial. Failure to:

  • File paperwork correctly
  • Complete necessary steps
  • Meet eligibility requirements

may result in significant delays or denial of the application.

Complexity of the Process

Securing a K1 visa can be intricate. Ensure accuracy and timeliness by:

  • Consulting with an immigration attorney (optional)
  • Carefully reviewing application requirements
  • Submitting complete and accurate documentation

Advantages of the K1 Visa

The K1 visa offers several advantages, including:

  • Eligibility to Adjust Status in the U.S.: Enter the U.S., marry your U.S. citizen fiancé within 90 days, and apply for a green card without leaving the country.
  • Work Authorization: Apply for employment authorization immediately upon entry to the U.S. using Form I-765.
  • Immigration Benefits for Children: Unmarried children under 21 may qualify for a K-2 visa and subsequently apply for a green card after you marry your U.S. citizen fiancé.
  • Streamlined Process: Avoid filing Form I-130 (“Petition for Alien Relative”) and directly apply for adjustment of status (Form I-485) after marriage.

Key Advantages

  • Marry in the U.S. within 90 days
  • No need for a visa interview abroad
  • Work authorization upon entry
  • Benefits for eligible children
  • Simplified process

Requirements for a K1 Visa

To qualify for a K1 visa, the following conditions must be met:

  • U.S. Citizenship: The petitioner (fiancé) must be a U.S. citizen; green card holders are not eligible.
  • Freedom to Marry: Both parties must be legally free to marry, with all prior marriages terminated.
  • Intent to Marry: Both parties must intend to marry within 90 days of the K1 visa beneficiary’s U.S. admission.
  • Physical Meeting Requirement: The couple must have met in person within two years prior to filing the petition.

Exceptions to the Physical Meeting Requirement

  • Established Custom: Meeting in person would violate cultural or social customs (requires evidence from religious officials, family, and friends).
  • Extreme Hardship: Prevents compliance due to factors like:
    • Political conditions
    • Travel restrictions
    • Financial difficulties
    • Medical issues (requires evidence supporting the hardship claim).

Key Documents

  • Evidence of intent to marry
  • Proof of prior marriage termination (if applicable)
  • Documentation of in-person meeting (or exception evidence)

Note: The U.S. citizen petitioner must submit clear evidence demonstrating the couple’s intent to marry and compliance with eligibility requirements.

If you have any further questions, please don’t hesitate to reach out to us at matif@atiflawfirm.com. We’re here to help!