If you are a United States citizen and are engaged to a non-citizen, you may apply for a visa for their entry into the United States to become married and reside here. A K-1 visa is a fiancé visa. If your fiancé is granted a K-1 visa, you are required to marry him or her within 90 days of entry or they will need to leave the United States within 30 days. Once married, your new spouse can apply to adjust their status to become a lawful permanent resident of the United States and to obtain a Green Card. The K-1 visa leads to important immigration benefits and is often processed by the Immigrant Visa Section of United States embassies and consulates worldwide. The K-1 visa is a very common type of visa and many requests are granted.
The couple must have met at least within two years prior to the filing. You will need to provide evidence of having met in person with your petition. Failure to do so will result in the petition being denied. The request is made on an I-129F and the form and instructions are available through the Department of State. An attorney can complete all of the paperwork and attach your evidence as well as submit the petition on your behalf. Background checks are conducted on the applicants after submission of the petition. Petitioners may be asked to provide additional evidence documenting the relationship.
Approval of the petition does not guarantee that the visa will be granted. Once the petition is approved the fiancée must still undergo a medical examination and interview in their country.
During the K-1 Fiancé visa interview, the consular officer assesses:
- Whether the fiancé has complete information about her U.S. citizen fiancé and his or her life to include details about family, past relationships, marriages and employment among other areas;
- Whether the fiancé is genuinely interested in the U.S. citizen and serious about marriage; and
- Whether the fiancé is a person of good moral character.
Some questions that may be asked during the interview include:
- What is your name?
- Where were you born?
- What is your nationality?
- How old are you?
- When were you born?
- Have you ever been to the U.S.?
- If you have been, what type of visa did you come on?
- If you have been, how long did you stay?
- If you have been, where did you stay?
- Do you have any relatives in the U.S.?
- Have you been married?
- Do you have children?
If you would like to obtain a fiancé visa, consult with an experienced immigration attorney. It is always a good idea to consult with an immigration attorney when you prepare an immigration-related petition or waiver request to obtain legal advice and assistance. Also, an attorney can assist you in identifying and collecting the best evidence to support your petition or waiver request.