Fiance K-1 Visa Requirements

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There are essentially two types of requirements: Eligibility and Minimum. Not meeting them is a leading reason for I-129F or K-1 visa denials.

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The Fiance K-1 visa is one of the quickest and easiest type of family based (or marriage based) visa categories.  

For you to meet the requirements to get a K-1 visa for your fiance(e), you need to make sure you are eligible in different ways. 

There are two types of criteria you need to meet: there are eligibility requirements, and then there are minimum requirements. Here’s a table of the visa requirements.

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Download this K-1 visa requirements (PDF)

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Requirements for a Fiance Visa

The USCIS lists all the eligibility requirements for the I-129F petition. In summary, these requirements before filing the I-129F are:

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• ▢ 1. Petitioner must be a US citizen
  The US petitioner must be a citizen. It doesn’t matter if you’re naturalized, US-born citizen, etc. and it doesn’t matter how long you’ve been a citizen. Legal Permanent Residents cannot apply for a fiance visa.
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• ▢ 2. Marry within 90 days of arrival into the U.S.
  You two must promise to marry each other within 90 days of arrival into the US. Only then is the foreign partner eligible to Adjust status for a Green Card.
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  Keep in mind, this isn’t a dating visit. You must have already decided to marry and are ready to tie the knot once your partner arrives. It’s the same promise you made in the Letter of Intent to marry.
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• ▢ 3. You two are free & legally able to marry
  You two have to be “free” to marry. Meaning all / any previous marriage must have ended with divorce, annulment, or death of spouse. This applies to both the petitioner and beneficiary. 
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  Secondly, you must be “legally able” to marry. According to US laws, the minimum age for marriage is 18 years. Secondly, depending on which US state you live in, you cannot be blood related.
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• ▢ 4. You’ve physically met in the last 2 years.
  You two must have met face to face within the last 2 years. There are hardship waivers, if you qualify (such as for medical conditions preventing travel. It doesn’t matter where you met or on which visa you met. For example, your partner could’ve come to the US on a b1/b2 visa. Or you could’ve traveled and met together in a different country.
  Also, you don’t need to be “engaged” to each other to qualify for a fiance visa. But you must prove a relationship and intent to marry.
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• ▢ 5. US Petitioner meets minimum K-1 visa income requirements
  By earning 100% or above the poverty limit, it proves you can provide for yourself, your fiance, any children (K-2), and anyone other dependents in your household. In fact, it’s a good idea to meet 125% of the income requirements because you’ll need it when doing the Adjustment of Status (soon after marriage) to get a “green card”.  Check the I-864P form for a current table of poverty guidelines. You’ll see this when you’re filing the I-134 (Affidavit of Support).
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• Tax Returns.  Most Consulates require you to show a current tax return transcript.  Sometimes they require three (3) years of tax returns with W-2 forms.  All of this depends on the Consulate’s requirements, so comply with their checklist.
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• ▢ 6. Preferably have no inadmissible history.
  Although a criminal record is not an automatic reason for I-129F denial, it’s going to be a difficult factor in your case, especially if you have a past history of domestic violence.  The US want’s to make sure your fiance won’t suffer any abuse from you.
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  The same goes for past immigration violations. If your foreign fiance has an inadmissibility or bar to the US, it may be a reason for denial. Waivers are available in some cases.

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Remember that you should exceed these criteria.  But, if for some reason you don’t, then you can support your case and convince the authorities with evidence.  

For example, if you don’t meet the minimum income requirements for your K-1 petition, you can include assets or use joint sponsors. The same criteria and situations apply to any children on a K-2 visa, although they have some further requirements.

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The next step

If you’re eligible for this visa, then see the I-129F Petition Process to figure out what’s involved to file.