Who Is Involved in a K1 Visa?
(1) The Petitioner a US Citizen who files the application
(2) The non-citizen the non-US citizen who will be coming to the US in order to get married
K1 Fiancee Visa Requirements Eligibility
In order to petition for a a fiancée visa, you must show that:
- The petitioner is a US citizen
- The couple intends to marry within 90 days of the non-citizen entering the US
- Both people are both free to marry, and that any previous marriages have been legally terminate by divorce, death or annulment
- Both people each other, in person, at least once within 2 years of filing the petition.
**There are two (2) exceptions to #4 both require a waiver:
(a) If the requirement to meet would violate cultural customs of both people
(b) If the petitioner can prove that meeting would result in extreme hardship (i.e. he or she cant afford the travel expense, etc)
After the fiancée visa is issued:
Once issued, the K1 visa will allow the non-citizen to enter the United States legally, for 90 days in order for the marriage ceremony to take place. Once you marry, the non-citizen can remain in the US and may apply for permanent residence. While USCIS processes the application, the non-citizen can remain in the US legally.
Children of Non-Citizen (K-2 Visa)
If the non-citizen has children who are under 21 years old and unmarried, they may be able to come to the US as well. The petitioner needs to include their names on the I-129F, and they can get a K-2 visa.