Not everyone will meet the K-1 visa requirements. This list is the main k-1 visa requirements eligibility, but every petition is different. USCIS and consular officers are different and some countries may have additional requirements.
If you work with an immigration attorney, or a fiance visa agency, they will carefully review your situation to verify that you meet all of the requirements.
The petitioner of a K-1 visa must:
1. Be a United States Citizen
The U.S. petitioner must be able to prove he or she is a United States citizen. Green card holders are not eligible for the k-1 visa. They are, however, eligible for a CR1 visa, although the process can take up to two years or longer.
2. Be Legally Free to Marry
If the petitioner was ever married before, he or she must provide proof that any such marriage has been legally terminated through death, divorce, or annulment. This is usually proven with evidence such as a death certificate or divorce decree.
3. Intend to Marry Within 90 Days
The petitioner must convince USCIS agents and consular officers that the relationship is “bona fide”, and that he or she truly intends to marry within 90 days of entry. This is to avoid fraud from scammers marrying U.S. citizens for the sole purpose of immigration.
4. Have Physically Met the Fiance Within 2 Years
The couple must prove that they have physically met in person at least once within the last 2 years. This doesn’t mean they need to know each other for 2 years, just that within the last 2 years, they have met. Skype doesn’t count.
5. Meet the Income Requirement
Some visas count on the alien’s financial ability. The K-1 visa counts on the U.S. petitioner’s financial ability. They must meet the minimum income requirements, or use alternatives to meet the requirement.
Options If You Don’t Meet the Requirement
