Fiance(e) 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 denials.

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The Fiance(e) K1 visa is one of the quicker and easier 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 k1 visa requirements (PDF)>>

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You might argue that they’re the same, but there are differences. You have to meet both types to be able to apply for- and get approved a K-1 visa.

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Eligibility Requirements for an I-129F Fiance K-1 visa

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

• 1

   Being a US citizen
  • -Naturalized, born, etc. regardless of how long you’ve been one.
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• 2

  You two want to marry and promise to do so within 90 days of arrival into the U.S.
  • -This isn’t dating — it means you two already decided to marry.
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• 3

   You two are legally able to marry  
  • -Previous marriage ended with divorce, annulment, or death of spouse.
  • -Legal to marry according to US laws (within your state).
  • -You two meet the minimum age requirement (18 yrs old).
  • -Not blood related (which goes back to the Federal/State laws)
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• 4

   You two have physically met in the last 2 years.
  • -Waivers are available if you qualify (hardships-such as medical condition preventing travel)
  • -Technically you don’t need to be “engaged” to each other to qualify for a fiance(e) visa. But you must prove a relationship and intent to marry.
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Minimum income requirements for the Fiance K-1 Visa

In addition to eligibility, you must also meet the minimum financial requirements.  

• 1

   You (the US Citizen) must meet minimum K-1 visa income requirements by earning 100% or above the poverty limit.  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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• It proves you can provide for yourself, your fiance(e), any children (K2), 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 more income when doing the Adjustment of Status (soon after marriage) to get a “green card”.
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• 2

  Tax Returns.  Most Consulates will require that you show a current tax return transcript.  Sometimes they require you show the last three (3) years of tax returns. You attach your W-2 forms too.  All of this depends on the Consulate’s requirements, so comply with their checklist.
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• 3

  Preferably have no criminal record or background. Although a criminal background is not an automatic (immediate) reason for 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(e) won’t suffer any abuse from you. See a professional for help in this matter.
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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 K1 petition, then you can include assets or joint sponsors strengthening your case.  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 go on to see the I-129F Petition Process to figure out what’s involved to file the I-129F. This petition must be filed to start the fiancé visa petition process.