Fiance visa requirements are rather specific. Moreover, consular and USCIS officers are different, and their K-1 Fiance visa requirements can vary (even from country to country).
If you cooperate with a Fiance visa agency or an immigration lawyer, they will help you and carefully review your situation and will ensure you meet all requirements. Let’s review the standard requirements for petitioners.
K-1 visa requirements for the petitioners
In this table, we are going to glance over the most common Fiance visa USA requirements:
Number | Requirement | Description |
1 | The petitioner must be a US citizen. | You must prove your citizenship. If the petitioner is a green card holder, they are unable to get a K-1 visa. Nevertheless, they can might a marriage green card. However, the process might take up to 2+ years. |
2 | You should be legally free to marry. | You must provide the proof that your previous marriage was terminated if you had one. For instance, you might bring a divorce decree or death certificate. |
3 | The petitioners should intend to marry within less than 90 days. | You must convince consular officers and USCIS agents that you want to marry as soon as possible and your relationships are real. |
4 | You should meet at least once before the interview (for 2 years that precede it). | Meeting, at least, a few times during the previous 2 years is a must. Note that Skype calls do not count. |
5 | The US citizen should meet the income requirement. | The sponsor should meet the minimum Fiance visa income requirements. If you do not meet these requirements, you might utilize ⅓ of certain assets dollar value like bonds, stocks, and real estate. You might also use the income of the sponsor. |
6 | There are specific IMBRA requirements to be met. | International Marriage Broker Regulation Act or IMBRA requires the petitioners to disclose if they have met through a marriage broker. Also, if any of you committed specific crimes, you would be disqualified for a K-1 fiance visa. |
K-1 visa checklist
According to the U.S. immigration law, you should submit specific supporting documents to the government, applying for a K-1 visa.
First of all, you should prepare the specific documents before you file the I-129F Form and DS-160 Form. All these steps might require some time and planning. So you are recommended to begin working upon them a few months before you file the Fiance visa application. Please check out this list:
- Record the proofs that you visited your fiance once in 2 years before you file
- Prepare 10-15 time-stamped photos of your fiance and you
- Collect the required proofs of the specific time you spent with your fiance
- Take the time-stamped photos with your fiance’s family and friends
- Collect communication records
- Get your family and friends to support your marriage
Secondly, you will need to file Form I-129F. The U.S. citizen petitioner must file this form with USCIS. Note that you should not send original documents unless the form instructions require you to do it. When you file this form, you should submit the following 4 things along with the cover letter:
- Proof that the fiance is a U.S. citizen:
- U.S. birth certificate
- Citizenship or naturalization certificate
- Form FS-240
- U.S. passport
- The U.S. consular officer’s original statement that verifies that the fiance is a U.S. citizen.
- Evidence of terminated marriages:
- Annulment order
- Divorce decree
- Death certificate
- Misc. evidence:
- The one-color passport-style photo of the sponsored fiance
- The one-color passport-style photo of the U.S. citizen fiance
- Evidence to back up the IMBRA waiver
- Evidence that each fiance changed the name (if applicable)
- Form I-94 arrival-departure records copy
- Proofs that you met in person during the 2 years before filing the Form I-129F
- 2 sworn statements describing the relationships and the intent to marry
- Filing fee ($535)
Thirdly, you should file Form DS-160, providing 5 types of documents. Note that the sponsored fiance must bring these documents to the visa interview:
1. Documents from the sponsored fiance:
- The Form DS-160 confirmation page’s printout
- The valid passport
- The proof that previous marriages were ended
- The birth certificate
- Police certificates
- 2 passport-style photos
- Medical examination records to meet the Fiance visa medical requirements
2. Documents from both petitioners:
- Evidence of relationship
- Proofs that the sponsored fiance would not become the “Public Charge”
3. The immigration visa filing fee ($265 for each applicant)
4. Proofs of the legitimacy of the relationships.
It is very important to fill out all the forms correctly. Therefore, you would better read the filing tips carefully not to make any errors.
Form filing tips
With these tips, you will ensure the embassy accepts your request package, petition, or application for processing:
- Accurately complete the form:
- Sign the form.
- Utilize the most current version of the form. You might download the forms here.
- Fill out the entire form.
- Utilize blank ink if you handwrite the answers. Your entries must be legible, neat, with some spaces.
- Avoid using correction tape or fluid or highlighters.
- Start a clean form if you make a mistake.
- Suppose you file multiple forms, you should write A-Number, date of birth, and name the same way on every form.
- Pay the fee. You might check the appropriate amount of the fee with the Fee Calculator.
- You should send the single-sided application copies.
- Assemble your request, petition, or application.
- Assemble the package in the following order (Form G-1450, Form G-1145, Form G-28, add supporting documentation. Make sure the documents are properly translated or in English, submit the copies, add your A-Number and name if you have attachments, mark the cover letter and the envelope with the form number and the nature of the submission.)
- Separate the cases clearly by fasteners or rubber bands if you send more than 1 case in an envelope.
- When you resubmit the packet responding to RFE (Request for Evidence), add the notice that requests the additional data/evidence on the packet’s top.
- When you submit evidence supporting the previously filed motion or appeal, add a cover letter on the packet’s top with “Brief for (Motion/Appeal)”.
- Mail your request, petition, or application.
- Mail the forms to the address listed on the webpage form. You might submit them via UPS, DHL, FedEx, USPS.
- Mailing the requests, petitions, or applications to the wrong filing location, you should reject it and return it to you.
- Utilize the forms here.
If you manage to fill out all the forms, you have more chances for your petition to be reviewed and approved.
Conclusion
Hope that you found this guide with Fiance visa requirements and documents checklist helpful. It might be challenging to apply for a K-1 Fiance visa, but it will be much easier to do if you ask the immigration lawyer to assist you. Keep in mind that true love has no borders, so if you really love your fiance, the process of collecting documents and passing the interview in the Embassy will be smooth and simple. We wish you good luck and a happy wedding day!