The Five Questions You Should Ask in Your K1 Visa Process
What is a K1 Visa?
A K1 visa, more commonly known as a fiancé or fiancée visa, is a nonimmigrant visa which allows the engaged partner of a United States citizen to permanently reside in-country so long as the couple gets married within 90 days of arrival. The newly married spouse is then able to lawfully apply for permanent residency or a green card in the United States. For many, this is the first step towards a legal, permanent residency in the United States where both partners can be together. However, a K1 visa is only eligible if the sponsoring partner is an American citizen, and both partners have terminated any previous marriages.
The Process
The K1 visa application process involves three important steps, including filing an I-129F fiancé visa petition, scheduling a K1 visa interview, and attending the K1 visa interview.
However, acquiring a K1 visa is more complicated than simply filling out paperwork and attending an interview. Both parties must prove that they are indeed a bona fide couple intent on establishing a life together and that they are not marrying for the sole purpose of immigrating to the United States. You must be prepared to prove that you have met in person at least once within the last two years before filing the visa form. Couples can do so by providing flight and hotel itineraries as well as dated photographs. Exceptions do apply for cases that involve extreme hardship, or if meeting in-person violates cultural, religious, or social norms. Regardless of whether or not a couple has been able to meet in person, they must also prove the overall legitimacy of their relationship. This includes photographs, letters or emails between the partners, and even written statements from friends and colleagues.
But what else do you need to know about the K1 visa process? Here are five questions you should be asking:
1. What documents do I need to provide alongside the I-129F petition?
The fiancé visa petition form requires several supporting documents including a cover letter, declaration, and proof of meeting, and commitment to marry. There is also a fee that you must pay when submitting your paperwork. Be sure to ask exactly what is needed as your application will be denied if anything is missing.
2. Where do I go for my medical exam, and what happens if I am denied?
Before attending the interview, the partner entering the United States must complete and pass a medical examination. Exams must be conducted by an embassy-approved doctor, so be sure to ask for referrals or a list of acceptable physicians.
3. How can my children legally enter the United States along with my partner?
K1-visas do not allow children to enter the United States. Be sure to ask what paperwork and criteria must be met for children to legally enter the country.
4. What if my petition is denied?
If your petition is denied, you will receive a letter stating why and how to appeal.
5. Do I need an attorney to apply?
Not necessarily, but if your background check turns up potential issues, you may require legal advice to move forward.
At Olvis immigration and travel, we are the leading experts in providing comprehensive, personalized, and quality visa assistance and other travel services.