K-1 Visas for Fiancés of US Citizens

K-1 Visas are designated as a requirement for those who become engaged to U.S. citizens. Any U.S. citizen is entitled to bring their fiancé to the United States for the purposes of marriage. However, they are required to apply for and receive a K-1 Visa, and any children that come must do so under a K-2 Visa. In order to qualify for this Visa, the couple must:

  • be free and able to marry
  • have a real, actual relationship with the intent to marry
  • have had physical contact within two years prior to the application
  • be able to fulfill the financial requirements of the K-1 Visa or have a sponsor that can.

K-1 Visas are a specialty classification within immigration law, and need to be taken seriously by those who seek them. Once the petition/application has been approved, the U.S. Embassy in the applicantÕs home country will grant the K-1 Visa. At this time, the fiancé can then travel to the U.S. to reside with their partner. U.S. citizens are allowed to do this as long as they meet the above criteria. Permanent legal residents are NOT entitled to do this.

The U.S. Citizen has to put in for the petition, and can also petition for any children under the age of 21 to be allowed entry through a K-2 Visa. They must prove that they can offer financial support for the fiancé that they are bringing to the country, which generally is defined as 125% of the poverty line, as set forth by the U.S. Government. The entire process can take between a few weeks and several months, depending on the various agencies that are involved in the process. Any petition is required to go through:

  • U.S. Citizen and Immigration Services (USCIS)
  • Department of State
  • U.S. Embassy or Consulate of the home country.

If K-1 Visa applications are properly filed, they are very rarely rejected. It is easy to misfile the paperwork, and this can further delay the process. In the event of an error, RFE, or Request for Additional Evidence, forms may be required. Thousands of these forms are sent out each year.

If you need legal counsel or assistance with your K-1 Visas and petitions, you can contact the experienced lawyers at Assaad Law today at 202-741-9348 or via email at contact@assaadlaw.com. You should be focused on planning your wedding and your future as a married couple, and Assaad Law, PLLC can take care of the legal issues so that you can do just that.