K-1 visas are intended for foreign nationals who are engaged to be married to a United States citizen. It’s the K-1 visa that permits the foreign national to enter the United States for this purpose. The foreign national and his or her future spouse then have 90 days after entry to get married and apply for permanent residence of the foreign national. The parties will want to avoid needless delays or requests for additional information. Our Bakersfield K-1 visa lawyers at Maison Law Immigration Lawyers can help you through this process, no matter where you might be in the United States or on the globe.
K-1 Visa Requirements
In order for a foreign national to qualify for a K-1 visa, the parties must meet the following requirements:
- The person who filed the K-1 petition must be a citizen of the United States.
- Both the petitioner and the foreign national must be legally able to get married.
- The U.S. citizen and the foreign national must intend to get married within 90 days of the foreign national’s arrival in the United States.
- Although there are highly limited exceptions, the U.S. citizen and the foreign national must have met personally at least one time within the last two years.
- Certain income requirements must be met.
How Do I Obtain a K-1 Visa?
There are several steps involved in obtaining a K-1 visa. The first step is to file an I-129F Petition. All documentation listed in thee I-129iF instructions must be attached. Otherwise, a request for additional evidence will issue and a delay will occur. Assuming the I-129 Petition is approved, a notice of approval will issue. A DS-160 Online Nonimmigrant Visa Application will then follow. It is to be submitted electronically to the U.S. Department of State. This form is what is used for the visa application. The U.S. Department of State will also want the following from the foreign national:
- Two 2 inch by 2 inch passport-type photos.
- His or her birth certificate.
- A valid passport that is not expired.
- Police clearance forms or letters for all countries that the foreign national has lived in for six months or longer since the age of 18.
- A sealed, completed and signed medical examination form.
The U.S. citizen petitioner must submit the following:
- A signed Form 1-134 Declaration of Financial Support.
- Copies of his or her most recent tax returns.
- A copy of the approved I-129F package.
A visa interview will be required at a U.S. embassy or consulate in the foreign national’s country of citizenship. Assuming U.S. Citizenship & Immigration Services approves the F-1 visa request, the National Visa Center is notified. Upon receipt of their visa, the foreign national has 90 days after arrival to the United States to get married. After the marriage, the foreign national can apply to adjust their status to permanent residency.
The K-1 visa process is tedious, complex and time-consuming. Both petitioners and foreign nationals will benefit greatly from the advice, counsel and representation of a dedicated and experienced K-1 visa lawyer. Feel free to contact us here at Maison Law Immigration Lawyers with your K-1 visa questions. We fully understand how important your visa petition is to you, and we’ll be pleased to help both of you through the process. Our Bakersfield immigration lawyers have helped people from across the globe.