A fiancé or K1 fiancé visa is a nonimmigrant visa for a foreign citizen who is a fiancee of a U.S. citizen. The K1 visa permits a future foreign spouse to travel to the US and marry a US citizen within 90 days of arrival in the US.
Often, you will file a green card application at the same time as your K1 visa application. Although three out of four K1 visa applicants succeed in getting their visa, you should still take care with your application to ensure success. Let the Sugar Land immigration lawyers at Esani & Momin help you with the process for your application fiancé visa.
Gather Solid Evidence
No matter how solid your relationship with your future spouse is, the government has no idea if it is real. Thus, you should ensure that you have lots of documentation that sustains the existence of your relationship.
The essential requirement is to show that you and your fiancee have been, in person, at least once in the previous two years. Some things that you go with your applicant fiancé visa can help establish this essential fact are:
- Photos (preferably dated)
- Flight or hotel schedules and receipts
- Written testimony by family, friends, etc.
- Correspondence (including email printouts) between a US citizen and fiancé .
You will also need to prove that:
- The sponsor is a US citizen with an income of at least 100 percent of the US poverty guidelines.
- You can both legally marry – no previous marriages still exist.
- You really intend to get married within 90 days – include written statements of intent and any documents supporting a wedding event like receipts, invoices, invitations, etc.
Get Ready for Your Closeup
After you submit your K1 application, develop a large stock of patience. The USCIS will likely take ten or more months to receive your initial approval. Within 30 days after that initial approval, your fiancé will receive a notice of an interview, including the date, the location, and a list of required documents to bring.
This interview is a vital part of the process, and you should ensure that you have all the required documents and know the answers to any potential problem issues.
There will also be questions about the fiancé’s background, such as prior marriages, work status, and any criminal history. You, as the sponsor, may be asked personal questions about your fiancé, so you may want to be sure you know their eye color before the interview. These questions will be designed to test the reality of your relationship.
Have Your Finances in Order
As we noted above, the US sponsor has to have income that is at least 100 percent of the Federal Poverty Guidelines. You will want to be certain that you do and that you can document that fact. Keep your paystubs and other income records to demonstrate that you make enough.
In 2022, that number is $18,310. There is no wiggle room in this requirement, so be sure you can prove sufficient income. If you are near the line, a skilled K1 attorney can assist you in preparing solid documentation that represents you genuinely meet the minimum requirement.
Immigration law is full of traps and minefields, and the slightest mistake can sometimes have catastrophic consequences. Further, familiarity with the immigration system and those working in it can be an invaluable resource in submitting a successful application.
If you are considering a K1 visa application, you should contact the Sugar Land, Houston Texas attorneys at Esani & Momin P.C. Their experienced immigration attorneys can help you prepare a complete K1 application, avoiding the pitfalls that non-professionals often miss.