K1-Visa

I was asked yesterday about K1- Visa assistance and I remembered that I had assisted someone with their K1- Visa documentation in the past(I-129F Petition), which reminded me of an earlier case I handled for Express Entry. That case was not for a spouse but for a same-sex common-law partner.

I get excited about assisting with cases involving fiancés or common-law partners. Before you jump to conclusions, let me explain. My enthusiasm may come from the complexity of proving that your relationship is genuine and valid without being married, or if you intend to get married in the future. Yes, it’s always tough to prove the intentions, even if you’re genuine! (Isn’t it a fact?)

Regarding the K-1 visa: its history dates back to U.S. involvement in the Vietnam War. The U.S. military required Vietnamese citizens who wished to marry U.S. citizens to have a specific visa, and it was introduced around 1970.

I researched a bit more and found it surprising that Indians were never very interested in marrying U.S. citizens. No, I’m not just saying that; the data supports it! The numbers are really low. Perhaps some are already in the U.S. and have found partners, or maybe we are simply not interested, which is what I believe.

Interestingly, The Philippines has the most K-1 Visa holders, followed by Vietnam and Mexico.(I’ve attached the screenshot of approvals /country)

The K-1 visa has minimal requirements: both the petitioner and the beneficiary must have met in person at least once in the past two years, they must intend to get married within 90 days of the foreign fiancé(e) arriving in the U.S., and the petitioner must be financially stable with a minimum income. Both must also be single and eligible to marry to get mingle 🙂

But yeah, it’s not as simple as it sounds. Beyond proving the relationship, the real challenge is overcoming the fraudulent aspects often associated with this visa category (no surprises there!). Although it’s a non-immigrant visa, it directly leads to a green card(There!), making it essential to prove the authenticity and genuineness of the relationship.

The couple must get married within 90 days; otherwise, the beneficiary must leave the country. Once married, they can apply for an adjustment of status to obtain a Permanent Resident (Green) Card.

Here are the requirements for K-1 Visa:

Requirements for the U.S. Sponsor
In order to sponsor their foreign fiancé, the U.S. citizen partner must:

Be a U.S. citizen and be able to prove that they are American. U.S. Citizenship and Immigration Services (USCIS) accepts the following proofs of U.S. citizenship:
U.S. birth certificate issued by a civil authority
Unexpired U.S. passport issued for a period of ten years (sponsor over 18-years-old) or five years (sponsor under 18-years-old)
Statement executed by a U.S. consular officer
U.S. Department of State Form FS-240 (“Report of Birth Abroad of a United States Citizen”)
Certificate of Naturalization or Certificate of Citizenship
U.S. Department of State issued passport card

Requirements for the Foreign Partner
To qualify for a K-1 visa, the foreign partner must:

Live outside the United States, be free and able to marry, and have met the U.S. citizen sponsor within the two years prior to the filing of Form I-129F.
Not have committed crimes that would prohibit entry to the United States and be able to present records and documents requested by the U.S. Embassy or consulate, such as:
Passport
Birth certificate
Police certificates
Military records, if applicable
Once the above requirements are met and the K-1 visa is approved, the foreign fiancé is given six months from the date of approval of the initial I-129F form to enter the United States.

Important Update: K-1 Visa Costs Increase April 1, 2024

On January 31, 2024, USCIS confirmed that filing fees for most immigration forms will increase on April 1, 2024. Costs will increase for nearly every visa category, including K-1 visas. Form I-129F (Petition for Alien Fiancé(e)), will jump from $535 to $675 (a 26% increase).