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Helping You Make Your American Dream Come True

Helping You Make Your American Dream Come True

Requirements to sponsor a K1-Visa

On Behalf of | Jun 13, 2022

New Jersey residents interested in having their fiancé immigrate to the US for marriage may benefit from learning more about the requirements to sponsor a K-1 visa. The K-1 visa, or fiancé visa, allows a U.S. citizen to bring a fiancé residing in another country to the U.S. to get married. If all the K1-visa requirements are met, the fiancé may eventually become a permanent resident.

Requirements for a K-1 visa

The first requirement is that the couple intends to marry within 90 days of the fiancé’s arrival. If the marriage does not happen within 90 days, the visa holder will be forced to leave. The next requirement is that the marriage is actually valid and not based on the intent of helping a foreign national immigrate to the United States. The couple has to be legally free to marry, meaning they’re not bound by any previous marriages.

Additional K-1 visa requirements

Barring any extenuating circumstances, the couple is also required to meet in person at least one time within two years before the marriage and receiving the visa. For foreign nationals who are already parents, children under 21 may accompany them on a K-2 nonimmigrant visa. Americans must be able to support their foreign fiancé’s family immigration, meaning, stable gross earnings after business expenses must be more than 100 percent of the Federal Poverty Level.

Obtaining a K-1 visa

The process begins with completing Form I-129, Petition for Alien fiancé, requesting the U.S. Citizenship and Immigration Services to recognize the relationship. The USCIS may request more information to establish eligibility before sending the forms to the Department of State National Visa Center. The foreign fiancé then applies for a K-1 visa at their local visa office and will be interviewed. Once approved, the visa is issued and the fiancé may enter the U.S. as a nonimmigrant.