The K-1 visa is a nonimmigrant visa for the foreign fiancé of a U.S. citizen. It allows them to enter and stay in the U.S. for up to 90 days before they marry, live together as husband and wife, or engage in any other activity that violates the terms of the visa. After marriage, they can apply for an adjustment of status to become a lawful permanent resident (green card holder).

A K-1 visa is a type of fiancé visa that allows the foreign partner of a U.S. citizen to enter the United States in order to marry their U.S. partner. In order to get a K-1 visa, the U.S. citizen must file an I-129F petition with the USCIS (United States Citizenship and Immigration Services). The petition must be filed at least six months before the wedding ceremony is scheduled and sets out why the couple wants to marry and live together in America. You can consult with a family immigration lawyer Dallas to know more about K1-visa and its procedures.

Let us now see the eligibility criteria for K1-visa.

Eligibility Criteria for K1-Visa

The main eligibility criteria for K1-visa include:

  • In order to be eligible for a K-1 visa, the applicant and the sponsor must be legally free to marry. The applicant must not have been included in a previous petition as a fiancé of another United States citizen. In addition, the petitioner and the applicant must have met each other within two years of filing the petition. Moreover, the petitioner cannot be a fiancé or spouse of anyone else.
  • The legitimacy of the relationship between the two parties must be proven with evidence like pictures, itineraries, and reservations of trips taken together, written statements from friends and associates who know both well, letters or emails between the engaged partners, and so on.
  • Each spouse must agree on a written commitment to marry within 90 days of the spouse’s entry into the United States. If concrete plans for the wedding exist, copies of receipts, invitations, and other such documentation should be submitted as well.
  • The fiancé of a U.S. citizen must obtain a release with an adjusted gross income that is at least 100 percent of the Poverty Guidelines for the Federal fiscal year in which the pairing is predicted to become effective. If they do not meet this requirement individually, then they could be joined by a financial co-sponsor who files an affidavit of sponsorship.