K1 visa is for a foreign citizen fiance of a United States citizen. K1 visa permits the foreign fiancee to travel to United States and marry his or her US citizen sponsor within 90 days of arrival to United States.
Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place. The foreign-citizen fiancé(e) and U.S. citizen sponsor must have met in person within the past two years.
Once married, the foreign-citizen will apply for an adjustment of status to permanent status with the Department of Homeland Security’s (DHS) US Citizenship and Immigration Services (USCIS).
- non-immigrant fiance visa application form
- valid passport
- divorce or death certificate (if applicable) for the applicant and US citizen sponsor
- police certificate
- medical examination
- evidence of financial support
- Two (2) 2X2 photographs
- Evidence of relationship with your U.S. citizen fiancé(e) (example, photos, exchange of emails)
- visa application fees
Filing the Petition
- The US citizen sponsor will file a Petition for an Alian Fiance- Form I-129F at the USCIS office that serves the area where you live.
- After USCIS approves the petition, it is sent to the National Visa Center (NVC) for processing, and NVC will send it to the U.S. Embassy or Consulate where your fiancé(e) will apply for a K-1 nonimmigrant visa.
Applying for a Visa
Once the U.S. Embassy or Consulate where you, the foreign-citizen fiancé(e), will apply receives the petition from NVC, it will provide you with specific instructions, including where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.
The time-frame for processing K1 Visa would be 6 to 8 months.
In a US K1 visa application, a lot of factors are to be considered such as the genuineness and length of the relationship, as well as if you have met in person. Age difference of the sponsor and the applicant is examined as well. Yearly income of the US citizen’s sponsor must be 125% poverty line.
The K1 Visa applicant will be checked if he/she is free from medical problems, clear of any criminal record, if the applicant is currently employed, or if the applicant has traveled abroad, or applied for any US visa before.
See also requirements for K1 US Visa from Thailand at Siam Legal International.