Fiancé Visa Requirements

If you are a United States citizen, and are engaged to be married to someone who is a foreign citizen, you can apply for a temporary visa that allows your fiancé to come to the United States legally, in order for you to get married. This is known as a K-1 Visa.

LegalMatch Law Library Managing Editor, , Attorney at Law

K-1 Visa Requirements

There are several requirements for a valid K-1 Visa. First of all, you must show that you intend to marry the person who you claim to be your fiancé. Obviously, we don't have the ability to read minds, so your intent will have to be inferred from your conduct. Read more


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Who is Considered to be a K-1 Visa fiancé?

For example, for someone to be considered your fiancé, for the purposes of issuing a K-1 Visa, you must have met them in person at least once within the past two years. There are exceptions, however. If you can show that it was impossible (or would have caused extreme hardship) to meet with your fiancé during the last 2 years, or if the culture of your country of origin does not favor meeting your fiancé before marriage, this requirement can be waived.

The marriage must be legally possible under the laws of the U.S., and the state in which the marriage is to take place. So, if you are already married to someone else, under either the laws of the U.S., or of your home country, your "fiancé" is not eligible for this visa. Likewise, the federal government does not recognize same-sex marriages for any purpose. So, if you intend to marry a same-sex partner, in a U.S. state in which same-sex marriage is legal, you will not be able to use this visa to bring your partner to the United States.

Anyone applying for this visa must also prove that they are very unlikely to become a public charge (reliant on the welfare system) when they come to the U.S. So, they will have to provide evidence that they will have adequate financial support, either through their own savings, or from their new spouse, before they can get this visa.

If you have qualifying children (generally meaning they are under the age of 18, and dependent on you for support), and want to bring them to the U.S., you can get each of them a K-2 visa, once your K-1 visa has been approved. This allows your children to legally come to the U.S. with you. They can either travel with you, or they can come at a later date.

This is just a basic overview of the requirements for getting a fiancé visa, and there are many details which could not be covered. For this reason, if you are engaged to a U.S. citizen, and wish to come to the U.S., you should contact the nearest U.S. embassy or consular office in your home country, to get the process started. You should also speak with an immigration attorney in the U.S. (either over the phone, through email, or via your fiancé).

Likewise, if you are a U.S. citizen engaged to a foreign citizen, you will probably have to take the lead in obtaining K-1 visa for your fiancé, and you should find an immigration attorney to help you along in the process as quickly as possible.

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