Understanding the K1 Visa: A Comprehensive Guide

• Purpose: Solely for the foreign fiancé(e) of a U.S. citizen to enter the United States.
• Marriage Requirement: The couple must marry within 90 days of the fiancé(e)’s arrival in the U.S.
• Status: Nonimmigrant, but holders can adjust their status post-marriage.

• Proof of a bona fide relationship with a U.S. citizen: Applicants must provide evidence that their relationship is genuine and not merely for the purpose of obtaining an immigration benefit. This can include photographs together, correspondence, joint financial documents, and affidavits from friends and family confirming the relationship. It’s evaluated to ensure that the relationship is legitimate and not fraudulent.
• Intention to marry within 90 days of entering the U.S.: This is a defining characteristic of the K1 Visa. The visa is specifically intended for couples planning to marry soon after the foreign-citizen fiancé(e) arrives in the U.S. This intention must be clearly stated and the couple must actually marry within 90 days of the fiancé(e)’s entry into the United States. Failure to marry within this timeframe can lead to legal complications and possible deportation.
• Legal ability to marry, meaning both parties are legally free to marry: Both the U.S. citizen and the foreign fiancé(e) must be legally eligible to marry. This includes being of legal age and, if previously married, having legal documentation (such as divorce decrees) to prove that any previous marriages have been legally terminated. This ensures that the upcoming marriage complies with U.S. legal standards.
• Financial stability: The U.S. citizen must demonstrate the ability to support the fiancé(e): They must file an Affidavit of Support to show that they have sufficient income or assets to support their fiancé(e) in the United States. This is to ensure that the foreign fiancé(e) will not become a public charge or financial burden on the state. The income requirements are generally set at 100% of the federal poverty guidelines. It can vary depending on circumstances, such as the presence of dependents.

• Expert Guidance: They understand the nuances of immigration law.
• Application Assistance: Help in accurately completing and submitting forms.
• Avoiding Delays: Knowledge in handling complications or unexpected issues.

Following the marriage, the foreign spouse can apply for an adjustment of status to become a lawful permanent resident (green card holder). This process involves submitting Form I-485 to the U.S. Citizenship and Immigration Services. During this period, the couple may be required to attend an interview to provide evidence of their bona fide marriage. Additionally, the foreign spouse may be granted a work permit and travel authorization while the application is being processed.<.p>

The K1 visa, also known as the fiancé visa, offers a pathway for international couples to unite in the U.S. and begin their marital life. While the process may seem daunting, understanding its requirements and following each step carefully is key to success. Many opt for the guidance of a K1 visa attorney, like those at Root Law Group, to navigate the complexities of immigration law. This journey, though intricate, is a testament to the commitment and patience of couples ready to start their life together in the U.S.