Faupel Musser Love, P.C.

Qualifications you must meet to receive a K-1 fiance visa

The growth in the use of the internet, even in some of the most remote places in the world, has made it easier for singles looking for love to meet others, even if both parties are separated by thousands of miles. This has led to an uptick in applications for K-1, also known as "fiance visas" in recent years in the United States.

A K-1 is a type of nonimmigrant visa that those individuals slated to marry United States citizens can apply for. Once their application is approved, the foreign-born fiance of the American citizen sponsor has 90 days to marry once they arrive in the U.S.

Once the marriage has taken place, the foreign-citizen spouse can petition the U.S. Citizenship and Immigration Services (USCIS) to have their immigration status adjusted to permanent resident.

In order to qualify for a K-1 visa, both the American sponsor and their foreign-citizen fiance must both be unmarried. Before a K-1 visa application is approved, the fiances may be asked to provide proof that they've previously met each other in person during the past two years.

There are some exceptions to this rule, though. If it would be a hardship for the couple to meet, then they may be exempt from this rule. If it's culturally inappropriate for them to meet before marrying, then they too may be exempt from this rule.

Foreign-born fiances are required to attend an interview with U.S. immigration officials before their application for a K-1 visa can be approved.

They're required to show up to that meeting with their passport and a completed Online Immigrant Visa Application, also known as Form DS-160. They also are required to bring any divorce or death certificates that prove that they're unmarried. They must bring medical records, police certificates, proof of financial support and proof of their relationship as well. There are fee and photograph requirements too.

There's no set amount of time it takes for embassy or consular officials to process K-1 applications. Individuals who fail to follow directions or provide incomplete information are likely to experience longer processing times or have their applications denied. An Ann Arbor immigration attorney can help you avoid common mistakes that may result in a delay in the processing of your application.

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