What is a K-1 visa?

If you are a United States (U.S.) citizen and are planning to get married to a foreigner, then understanding what a K-1 visa is going to be extremely important for you. 

It is basically a fiancé(e) K-1 nonimmigrant visa, particularly for a foreign citizen fiancé(e) of a U.S citizen. With the help of this visa, the foreign citizen fiancé(e) gets permission to travel to the United States and then ultimately get married to their U.S. citizen sponsor. It is important to remember here that this visa binds the foreign-citizen fiancé(e) to get married to their U.S citizen sponsor within the period of 90 days of arrival. 

 A lot of people at times find it difficult to understand the requirements of this visa. Therefore, let's now discuss the visa eligibility criteria. 

Eligibility Criteria

Following are certain criteria that you need to meet in order to apply for a fiancé(e) K-1 nonimmigrant visa. 

The number one requirement for the individual to qualify for the K-1 visa is they and their U.S. sponsor must have met in person in the past 2 years before the Form I-129F gets filled. In order to prove that, you may need to provide some evidence. These may include:

• Photographs of both being together
• Passport pages copies
• Hotel receipts or counterfoil of airline tickets 

These are just a few examples. In order to make your case stronger, you can provide other valid pieces of evidence as well. 

Following are the separate requirements for a U.S sponsor and a foreign partner: 

‍Requirements as a U.S citizen: 

• They must be U.S citizens and in order to prove that, they may need to show their U.S birth certificate or a U.S passport that has not expired. It must be issued for the period of 10 years if the sponsor is over the age of 18and for the period of 5 years if the sponsor is under the age of 18. Also, U.S. Department of State Form FS -240 and a passport card issued by the U.S. Department of State.
• They must be eligible to get married and if they have been married before, all of their marriages must have ended through an official divorce.
• They must meet the required income level. 

Requirements as a Foreign partner: 

• They must be eligible for marriage.
• They must have met the U.S. citizen sponsor in person in the past 2 years before the Form I-129F gets filled. 
• They must be living in a foreign country.
• They must not have been indulged in criminal activity. 
• They must be able to provide all of the documents required by the U.S consulate or embassy. 

Application Process

Following are the steps that need to be taken during the application process for a K-1 visa: 

• First, the U.S sponsor needs to file the petition and for that, they need to file Form I-129F. 
• Next, if the petition gets approved by the USCIS, it is then sent to the National Visa Center (NVC) which then ultimately sends the petition to the embassy or the consulate of the United States. 
• Then, the sponsor will receive a letter from the NVC. Once the letter has been received, the next steps are to be taken by the foreign partner for the application for the visa. 
• They must fill the Form DS-160 and appear for an interview at the nearest embassy or consulate of the United States. 
• When going for an interview, they are required to take a print copy of Form DS-160, a valid passport, birth certificate, medical examination, police certificate, death or divorce certificate of the previous spouse (if any), two photographs, proof of relationship with the U.S sponsor, and fee payment. 

How Can RB Law Help You? 

As you can see, the entire process of applying for a K-1 visa can prove to be a daunting task. For that reason, it is recommended to take help from a professional, and RB Law is there to assist you in this matter. For more information, get in touch with us today. 

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