If you have a fiancee that is not a US citizen and you wish to take her back to the United States for the purposes of marriage then you need to apply for a US Fiancee Visa also known as a K1 Visa.
There is a time limitation once you have the K1 Visa. This visa is only there to ensure that you can arrive in the US with your fiancee and marry her. Once she enters the United States you will have to get married within 90 days of arrival. Once you are married she can apply for an Adjustment of Status and then to a permanent resident. Any children that there might be will need to have a K2 Visa. These children or child must be a minor and single. You cannot arrive in the US with a 17 year old who got married. This would not be applicable under the K2 Visa rules.
This is a once off visa. This means that once she is in the US she will not be able to leave the US until she has married else the visa will be cancelled when she leaves the country. She can apply for Advance Parole before she leaves the US and will be able to return to the US to continue the marriage process. Note, that a resident of the US cannot apply for a fiancee visa for his/her spouse. You need to be a US citizen to make this application. Also note that you can only do this 3 times without getting married before the US government bars you from applying again.
K1 Visa Requirements
There are certain criteria which needs to be met in order to apply for a K1 Visa. These criteria has not changed much over the years and these are the basics of the process. See if you meet these basics for a us visa application.
The basics requirements for the K1 Visa is as follows:
- You must have met your fiancee, there are small exceptions;
- You must be a US citizen;
- You must have seen/met her in the last 2 years;
- Both must be free to marry;
- You must meet the financial requirements for the visa;
- Your fiancee must not have a criminal record;
- Your fiancee must not be ineligible for a US visa.
- US Forces are required to be only at poverty line income.
If you need further advice speak to an immigration lawyer in your country today about what else might be needed. Most applications revolve around the above mentioned requirements. If your fiancee has a child or children then you would also have to apply for a K2 Visa for the children/child.
K1 Visa Documents
These are the documents that you will need when you apply for a K1 Visa also known as a US Fiancee Visa. Ensure that all the documents are neat and in order to ensure that there are no errors. Check to see on a check list.
Ensure that you have all the documents as listed as a minimum for the K1 Visa process which follows.
- You need to complete the Form DS-156 in duplicate;
- You need to complete the Form DS-156k;
- Ensure your fiancee has a valid passport;
- Her birth certificate;
- Divorce or death certificate(s) of any previous spouse(s) for both of you;
- Police certificates from your present country of residence;
- Medical examination (The US Embassy will know what is needed);
- Evidence of financial support by way of Form I-135;
- Two (2) 2×2 inch photographs;
- Evidence of a relationship (Emails, photos, letters etc);
- Payment of fees.
These are the US Visa documents which will be needed for the US Fiancee visa visa application. Any further documents they will ask for over and above what has been stated here. Ensure that all the documents have been certified, translated and of a good quality photocopy standard.
The K1 Visa process takes about 6-7 months.