Fiancée Visa to the U.S.

U.S. family law provides for a special visa for foreign nationals who plan to marry U.S. citizens. Although both men and women can obtain a visa, this visa is most commonly referred to as the “fiancée visa,” and its official name is the K1 visa. A fiancée visa to the United States allows a foreign national to stay in the U.S. for a limited period of time, until the expiration of which a marriage is required.

There are nuances in obtaining a K1 visa that everyone who is going to apply for it needs to know.

What is a fiancée visa to the United States?

A fiancée visa to the United States is a non-immigrant visa whose main purpose is to allow a foreign national and a U.S. citizen to stay in the United States to marry. Although the visa itself is a non-immigrant visa, the requirements that must be met are similar to those for immigrant visas, because once the visa is obtained, the foreign national gets married within a short time and moves to the United States.

A fiancée visa is not the only option for a foreign national to visit his or her future spouse in the United States, but given the strict U.S. law on fictitious marriages, it is a good choice.

Obtaining a fiancée visa is an important step in the process of immigrating to the United States based on a marriage that will qualify you for U.S. citizenship in the future. This is the reason why it is important to comply with all the requirements for obtaining a fiancée visa to the United States. There are a lot of visa denials, and it is difficult to challenge them. Therefore, you need to be clear about what they want to see from the visa applicant before organizing the process.

 

Requirements for obtaining a fiancée visa to the United States

– The relationship must be real.

In other words, the marriage should not be a sham. And this is probably the most important requirement. Fictitious marriages are very strictly monitored in the US, making it very difficult to verify that a person has been in a relationship for the past two years, and many requirements apply to prospective spouses (and especially to foreign nationals). Immigrants who enter into a fictitious marriage may be subject to fines/deportation/incarceration.

Various materials such as correspondence, photographs, hotel reservations, etc. from the past two years preceding the filing of the visa petition will be examined as evidence of the relationship. The number of documents determines, among other things, the success of the visa issuance, so it is better to provide as much as possible and minimize the risk of requesting additional evidence from the U.S. authorities.

– Intent to marry within 90 days.

A fiancée visa to the United States requires that the marriage be consummated within 90 days of the bride/groom’s arrival in the United States. If the marriage is not consummated within 90 days, or the marriage is consummated with a U.S. citizen other than the one who petitioned for the visa, the bride/groom loses the reason to be legally in the United States and will be required to leave the country.

The intention to marry within 90 days is in the form of a free-form letter from the future spouses.

– Financial solvency of applicant.

The bride/fiancé(e)s who plan to apply for a K1 visa in the U.S. must prove that they have sufficient financial resources to live in the US, at least for the initial period.

– Presence of necessary documents.

To qualify for a K1 visa, a foreign national needs to gather the following documents:

  1. Completed form DS-160 and proof of online application;
  2. 2. A passport valid at the time of travel to the U.S. and for a period of six months beyond the proposed stay;
  3. Birth certificate;
  4. If married before – divorce certificate or death certificate of previous spouse (required for both foreign citizen and US citizen);
  5. Criminal Record Certificate;
  6. Medical certificate confirming completion of medical examination;
  7. Documents confirming applicant’s financial situation (e.g. bank statements);
  8. Two 2×2 photographs;
  9. Evidence of a relationship with a U.S. citizen.

– Visa application fee.

To apply for a fiancée visa, you must pay a government fee. The current fee is US$265.

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