K-1 Fiancé Visas

Fiancé Visa Qualifications

In order to qualify for a K-1 visa under U.S. immigration law:

• Both the U.S. citizen and the foreign national must have been legally free to marry when the petition was filed and must have remained eligible since.
• The marriage must be legally possible according to the laws of the U.S. state in which the marriage will take place.
• The US citizen and foreign national must have met each other in person within the last two years. (There is an exception to this rule based on extreme hardship for the U.S. citizen to personally meet before the wedding, for example, if it is against the U.S. citizen’s or foreign national’s culture to meet before marriage.)
• The foreign national must undergo a medical examination performed by an authorized panel physician. Although vaccinations are not required for the K visa, they will be required later when adjusting status to legal permanent residency.

The K-2 visa category is available for children of your fiancé provided that they are:

• Under the age of 21; and
• Unmarried.

U.S. Consulate Interviews for K-1 Visas

K-1 visa applicants will be required during the visa interview to present evidence to the consular officer that they will not become a public charge in the United States. Evidence should be provided showing the foreign national can financially support him or herself or that the US citizen is able to provide support. When a foreign national is granted the K-1 visa, the consular officer returns the passport containing the visa stamp and a sealed packet with documents provided by the foreign national along with additional documents prepared by the consular. The foreign national should not open the packet. The packet should only be opened by an immigration official upon entry to the United States.

Choose an Experienced Columbus Family Immigration Lawyer

Some cases are delayed or even denied because applicants do not follow instructions carefully, supply incomplete information, or fail to include all required documentation. Our Columbus family immigration attorneys can help you prepare a complete K-1 visa petition package with all the necessary information and documentation, and also with as much additional evidence as possible and practicable to ensure that the government can process your visa promptly.

If you have questions about the fiancé visa or any other immigration matter, please contact us at (800) 625-3404. We have offices in Columbus Ohio, Cleveland Ohio, Southfield Michigan and Washington, D.C.