The K-1 visa, also known as “the fiance” visa, is a special visa that helps an American citizen legally enter the United States and gain a green card. The purpose of this visa is to provide US citizens a path to marry and live with their foreign fiances in the United States. The K-1 visa has several benefits for multinational couples as it allows the foreign fiance to legally enter the country, gives them time to plan their wedding, and gives them a path to begin the immigration process to gain their permanent residence.
If your loved one lives in and is a citizen of another country, the K-1 visa is a powerful tool as you plan your new life together in the United States. However, eligibility and application requirements are not simple or straightforward, and processing times lead to long waits. Anyone in San Diego planning a wedding with a foreign fiance, you must first speak with a San Diego K-1 visa lawyer to understand the visa requirements and wait times before you start your application.
If you’re looking for further information, you can read here: Understanding K1 Visa Processing Times with a K1 Visa Lawyer San Diego.
Introduction to K-1 Visas
Who Is Eligible for a Visa?
K-1 visas have four requirements for applicants and their foreign fiance:
- The applicant must be a Citizen of the United States.
- Both people must be legally able to get married.
- They must have seen each other in person within the last two years.
- The couple must plan to get legally married within 90 days of the fiance’s approval and entrance to the US.
- The applicant’s income must be more than 100% of the federal poverty line. Active military members must make more than 125% of the poverty line.
What Makes Someone Ineligible?
Even if a foreign person’s fiance is American, there are still ways that person may be ineligible for a K-1 visa.
- They have previously violated US immigration law.
- The fiance has a criminal record.
- They have a communicable disease such as tuberculosis.
- The couple can’t prove they have a legitimate, long-term relationship during the interview.
- The applicant doesn’t meet the income requirements.
- The couple doesn’t get married within 90 days or the couple breaks up before the wedding.
The K-1 Visa Application Process
Applying for a visa is an eight-step process:
- Fill in and file Form I-192F to declare your intent to marry a foreign fiance and live in America.
- After the petition is approved, the fiance must fill in and submit the K-1 visa application. The application must include two passport photos, a valid passport, their birth certificate, a police report, a medical report from an authorized doctor, proof of relationship, and tax returns and affidavit of support from the American fiance.
- The fiance attends an interview at a US embassy or consulate in their home country.
- Upon receiving their visa, the foreign fiance arrives in the United States and the couple gets married within 90 days.
Understanding the K-1 Visa Processing Times
As with nearly all government functions, the K-1 visa process involves a lot of time waiting for the government to process submitted applications and documents. Currently, the wait time for a K-1 visa is four to eight months after submitting the Form I-192F. This wait time includes about seven months to process the application and four to six weeks for the National Visa Center to receive the approved application.
After the foreign fiance has been approved, they need to travel to the US within six months and get married within 90 days. They will then be able to start to process to receive the green card for permanent residency.
The K-1 visa is a powerful option for multinational couples who want to build a life together in the US. The only way to give yourself the best chance of approval is to talk to and work with a qualified K-1 visa lawyer so you can rest assured your application includes all necessary forms and documentation.