Before deciding to apply for a K1 Fiance Visa to bring your fiance to the USA for marriage, you should know the following Thirteen requirements to determine if you are eligible and if the Fiancee Visa is right for your situation.
1. You must have a “bona fide” relationship.
Your relationship is genuine. You want to be together. You are not going through the process solely for immigration benefits.
2. Your engagement is consistent with Fiance’s country and culture.
You will need to show USCIS that you are treating your engagement like a typical engagement in your fiancee’s home country. Best is to comply with the cultural practices of your fiancee’s home country.
3. Both of you must be free to marry.
Both your fiancee and you must be qualified to get married at the moment you file your petition.
4. 2 Year Meeting Requirement.
You need to have met your fiancee in person within the last two years.
Waivers to skip this requirement are available but are rarely accepted and usually only due to medical, cultural or religious reasons that make a face to face, in-person meeting impossible..
5. You must INTEND to marry each other.
You must sincerely plan to marry each other.
6. The Sponsor is a US Citizen.
Lawful residents or green card holders are not eligible to apply.
7. The U.S. Citizen has adequate income.
The income requirement varies according to your household size and your income has to be above the federal poverty line for your new household size.
If you don’t meet the income requirement you could alternately use cash assets or your home equity to meet the requirement.
Or failing that enlist the help of a co-sponsor to help you.
8. 90-day marriage rule.
You and your fiancee should get married within 90 days upon your fiancee’s arrival to the United States. If the marriage does not take place your fiance should return to her or his country by day 90.
9. Limits on multiple Fiance Visa Applications
You are only allowed two fiancee visa cases in a lifetime and must wait at least 2 years between applications.
10. Sponsor must not have committed Certain crimes.
Crimes such as domestic violence, sexual abuse, child abuse, dating violence, stalking, 3 or more alcohol or controlled substance violations as well as homicide.
11. Fiance’s mental and physical health is acceptable
You fiance is not carrying a communicable disease that may present a public health risk, does not have a mental health condition that might cause danger to public or him or herself and must have the required inoculations.
12. Fiance should be of good moral character
Your fiance should have no history of drug use, or criminal activity especially prostitution. In some cases the consular officer may view adultery as a reason to deny, if either you or your fiance were married to other spouses during your courtship
13. Fiancee should not have violated US Laws
Your fiancee should never have violated U.S. immigration laws, such as being dishonest on a visa application or statement made to US immigration, or other crimes such as entering the US without a visa, overstaying a visa, entering employment without work authorization.
By Fred Wahl