Who Can Apply for a K-1 Visa? A Simple Guide to the Requirements

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The K-1 visa is for foreign-born fiancés of U.S. citizens who want to come to the United States to marry their partner. If you’re considering applying for a K-1 visa, it’s important to understand the requirements. In this guide, we’ll walk you through who is eligible and what you need to know before applying.

Do You Qualify for a K-1 Visa?

To be eligible for a K-1 visa, certain conditions must be met. Here’s a breakdown of the key requirements for both the foreign fiancé and the U.S. citizen sponsor:

Key Eligibility Requirements for the Foreign Fiancé:

  1. Live Outside the U.S.: The foreign partner must live outside the United States when applying for the K-1 visa.
  2. Ability to Marry: The foreign partner must be legally free to marry, meaning they cannot already be married to someone else.
  3. Meeting Requirement: You and your U.S. partner must have met in person within the last two years before applying. Evidence of this meeting could include:
  • Photos of you and your partner together.
  • Airline ticket stubs, hotel receipts, or travel documents showing the dates of your visit.
  • Passport stamps or other official travel records.
  • Letters or orders from a military officer if applicable, showing dates of leave.
  1. No Serious Criminal History: The foreign partner must not have been convicted of serious crimes that would prevent them from entering the U.S.
  2. Children: If the foreign partner has children under the age of 21, they can be included on a K-2 visa to join the parent in the U.S.

Once these requirements are met, the foreign fiancé must marry the U.S. citizen partner within 90 days of arriving in the United States on the K-1 visa. If the couple does not marry within this time frame, the foreign fiancé must leave the U.S.

Requirements for the U.S. Citizen Sponsor

To sponsor a foreign fiancé for a K-1 visa, the U.S. citizen must meet the following criteria:

  • U.S. Citizenship: The sponsor must be a U.S. citizen. Proof of U.S. citizenship can be shown through:
  • A U.S. birth certificate.
  • A valid, unexpired U.S. passport (issued for 10 years if the sponsor is over 18, or for 5 years if under 18).
  • A Certificate of Naturalization or Certificate of Citizenship.
  • A U.S. Department of State-issued passport card.
  • A consular officer statement or a U.S. Report of Birth Abroad (Form FS-240).

Requirements for the Foreign Partner

The foreign partner must meet the following conditions:

  1. Live Outside the U.S.: The foreign fiancé must live outside the U.S. when applying.
  2. Legal to Marry: The foreign partner must be free to marry, with no existing marriage.
  3. Proof of Relationship: You must have met your U.S. partner in person within the last two years, with sufficient evidence.
  4. No Criminal Record: The foreign partner must not have committed serious crimes. If required, they will need to provide:
  • Passport.
  • Birth certificate.
  • Police certificates.
  • Military records, if applicable.

Once these requirements are met and the K-1 visa is approved, the foreign fiancé will have six months from the approval date to enter the United States.

Once the foreign fiancé arrives in the U.S., the couple must marry within 90 days. If they don’t marry in this timeframe, the K-1 visa will expire, and the foreign fiancé will need to return to their home country.

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