Marital relationships are one of the most common grounds for family-based immigration. People legally living in the United States can bring their spouses into the country. In some cases, foreign nationals who have not yet married could be eligible for a fiancé visa.
The K-1 or fiancé visa program allows certain foreign nationals to legally enter the United States to get married. However, there are strict rules that apply to K-1 visas. The following are the current primary eligibility requirements for a K-1 visa.
An engagement with a citizen
Foreign nationals who have already married can bring their spouses with them when they secure employment or student visas. Permanent residents with green cards can also help their spouses enter the United States legally. Neither visa holders nor permanent residents can bring their fiancés to the United States. Only citizens have the option of supporting a fiancé for a K-1 visa.
A legitimate engagement
The United States Citizenship and Immigration Services (USCIS) may look closely at the relationship between the fiancés before granting a K-1 visa. Most couples need proof that they traveled to one another or regularly communicated to convince the USCIS that they have a legitimate engagement. In some cases, individuals preparing for an arranged marriage can also secure a K-1 visa. They may need documentation, such as communication with their families, to affirm that they have agreed to an arranged marriage with someone they may not have previously met.
A fiancé who meets certain standards
An engagement does not eliminate immigration rules. Fiancés and others seeking family-based visas generally need to meet certain specific standards. They must undergo background checks and submit medical records to prove that they meet current standards. They may have to attend interviews at the United States consulate or embassy in their country of origin. An engagement does not allow an immigrant to bypass or undercut the current standards maintained by the USCIS for visa applicants.
After securing a K-1 visa, a foreign national has to plan to travel and must make their marriage official relatively quickly. The marriage must usually occur within 90 days of the K-1 visa holder entering the country.
Learning about the rules that apply to fiancé visas can help those preparing for marriage take the right steps. Those hoping to bring a fiancé to the United States may need help learning about the process and fulfilling all the requirements to secure a K-1 visa, and that’s okay.