Knowledge of K1 visa requirements is necessary, if you are an American thinking of marrying someone who
resides abroad. The fiance visa permits foreign individuals into the USA for the purpose of marriage and permanent relocation. Rules and regulations are changing frequently, so it pays to stay knowledgeable and updated.
Although many people may dislike these rules and the complexity of the visa process, in many ways it is essential,
not only to stop illegal immigration, but also to stop visa fraud and criminal gangs selling mail-order brides. What the process ultimately checks is that a couple has a legitimate relationship and getting married for the right reasons,
that the marriage is legal, and that the couple can financially support themselves. To gain a fiance visa, the law
in the United States requires a fair few measures which must be met by the applicants.
These eligibility requirements state that both parties must meet several major criteria:
The U.S. petitioner must be at least 18 years old, and be able to prove he or
she is a United gStates citizen.
The first requirement is that one of the parties must be a recognized American citizen. To acquire a United States citizenship you must have been born in the United States or have completed a citizenship test and is now officially recognized as a U.S. citizen.
The U.S. petitioner must be legally Free to marry.
Each fiance must be of legal age to marry in the jurisdiction where the marriage is to be contracted, and each fiance must be free to marry. Being "free to marry" means that each fiancee, if previously married, must be able to prove that they have a valid divorce decree issued by a court of competent jurisdiction in the place (the venue) where the prior marriage or marriages was contracted.
The U.S. pettionier and fiancee have met in person within the two year period.
The fiancees must have met in person within the two(2) years immediately preceding the filing of the written application with the united states government through department of homeland security, united states citizenship and immigration services (USCIS).
The U.S.petitioner and fiancee must marry within 90 days of the foreign fiancee entering the United States
The fiancees must be able to prove to uscis and, eventually, the U.S. Embassy or consulate abroad, that they intend to be married within ninety(90) days of the foreign national/citizen fiancee entering the United States on their fiancee visa, and present sufficient evidence to convince uscis (in the first instance) and thereafter, the U.S. Embassy or consulate, consular officer, that the relationship between the parties is a genuine one, referred to as a bona fide, good faith, relationship, and not one entered into to avoid or defeat the immigration laws of the united states.
THE FIANCEE COUPLE MUST PROVE TO USCIS AND TO THE U.S. CONSULAR OFFICIAL WHO INTERVIEWS THE FOREIGN FIANCEE, THAT THEY HAVE A REAL RELATIONSHIP, AND NOT ONE THAT WAS ENTERED INTO FOR MONEY OR OTHER VALUABLE CONSIDERATION; A REAL RELATIONSHIP THAT THE COUPLE INTENDS TO RESULT IN A BONA FIDE MARRIAGE WITHIN 90 DAYS OF THE FOREIGN FIANCEE BEING ADMITTED TO THE UNITED STATES.
The U.S petitioner needs to demonstrate that his/her income is above 125% of the poverty line.
The U.S. Citizen(U.S.C.) sponsoring fiancee must meet or exceed 125% of the US Poverty guidelines then in force and effect at the time of the embassy or consulate interview, so that the foreign fiancee is not determined to be in danger of becoming a "public charge", that is living on welfare or receiving government benefits because the foreign fiancee is unable to support himself or herself while living in the united states.
The U.S.C. Fiancee must fill out forms and provide financial information to the U.S. Embassy or U.S. Consulate abroad to prove that his/her fiancee will not become a "public charge". Proving this means showing income over the poverty level for household size of the U.S.C. Sponsoring fiancee.
The US citizen sponsoring fiancee may not have been convicted of certain offenses under state and U.S. (FEDERAL) laws. Certain sexual offense convictions act to bar some US citizens from being eligible to sponsor a foreign national/citizen fiancee. Servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, and false imprisonment.
The foreign fiancee must not have any "bars" to admission, meaning the foreign fiancee must not have been convicted of certain criminal offenses, nor have engaged in certain professions nor be addicted to drugs or alcohol, and must be a law abiding person who is coming to the United States for lawful purposes, including the intention to marry his or her fiancee within ninety(90) days of his/her entry to the United States on his/her fiancee visa.
All governmental filing fees must be paid as the application moves through various stages.
The foreign fiancee must have a passport valid for at least six(6) months forward, as of the date of approval of the fiancee visa.
Same Sex Partners
Same sex partners may now apply for and obtain fiancee visas just as heterosexual couples do. They are subject to the same rules as everyone else.
The foreign fiancee must undergo and pass a medical exam by a licensed physician who is designated by the U.S. Government as a "Civil Surgeon"..
Please call (877) 745-8341 to schedule an appointment with Attorney Daniel M. Pell. Consultation Charges May Apply.