Eligibility for K-1 Visa

Introduction

Technology today has made a world without boundaries as the people in the foreign lands have become neighbors by the next door. Yet the borders are for the sake of national security, which is why the concept of visas exists for traveling legally across borders without limiting the integration of two different nationals. 

Now, if you are a US national citizen and want to marry someone who is a foreigner, then you may do so by applying for a K-1 visa, also known as a Fiancé(e) visa.

What is a K-1 Visa?

A K-1 visa is a non-immigrant (temporary visa) that allows your foreign partner to travel to the United States for 90 days if you want to marry each other with a bona fide intent to establish a life together and not merely for the purposes of immigration benefits. 

If you both marry each other within the time of 90 days when the Fiancé(e) is on the K-1 visa then the foreign partner can apply for adjustment of status and may become a lawful permanent resident with a green card, this will allow them to stay with you for longer than 90 days and you can live legally and peacefully in the US as a married couple.

What is the Eligibility for a K-1 Visa?

To bring your fiancé to the United States on a K-1 visa, both the U.S. sponsor and the foreign fiancé must meet specific eligibility requirements.

Eligibility Requirements for K-1 Visa as a Sponsor

As a U.S. citizen, you must meet the following eligibility criteria to sponsor a K-1 visa:

• Only U.S. citizens can sponsor a K-1 visa.
• You and your fiancé must be legally able to marry each other.
• You must marry your fiancé within 90 days of their arrival in the U.S.
• You must meet the income requirement of at least 100% of the federal poverty guidelines for a household of two.
• You must have met your fiancé in person at least once within the last two years, unless it is against their cultural customs.

Eligibility Requirements for K-1 Visa as a Foreign Partner

As the foreign fiancé, you must meet these conditions to qualify for the K-1 visa:

• You must be outside the U.S. when applying for the K-1 visa.
• You must marry your U.S. partner within 90 days of your arrival in the U.S.
• You must be legally allowed to marry under U.S. law.
• You must have met your U.S. partner at least once within the last two years, unless this requirement is waived due to cultural reasons.

Who Is Not Eligible for a K-1 Visa?

The following individuals are not eligible to apply for a K-1 visa:

• Either partner is already married to someone else.
• The U.S. sponsor does not meet the minimum income requirements.
• Either the U.S. sponsor or foreign partner has a criminal record that could affect the application.
• The foreign partner has violated U.S. immigration laws in the past.
• The U.S. sponsor is not a citizen, but a lawful permanent resident.
• The foreign partner has a communicable disease that could pose a public health risk.
• The foreign partner fails the interview at the U.S. consulate.

What is the Cost of a K-1 visa?

The cost to apply for a K-1 visa is $675, and if they further want to apply for a green card then the cost is around $3005; this includes exams, government fees, and other expenses. 

What is the time for a K-1 Visa?

The time that is taken to process a K-1 visa petition ranges between 4-7 months depending on individual circumstances.

Conclusion

In 2023, out of 23,101 applications for K-1 visa, 19,825 were approved which demonstrates that it is a widely used visa application that allows US nationals to marry foreign nationals. However, 31% of K-1 visa applications were denied in FY2023, which is an increase from 20% in FY2022, therefore it is of utmost importance that you should be prepared with legitimate documents and file your petition carefully. 

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