An Overview of the Requirements for a Fiancé Visa (K-1 Visa)

A K-1 visa is reserved for the foreign national fiance of an American citizen. Through this visa, U.S. Citizens can apply to bring their fiancé to the United States in order to get married in the United States and obtain their lawful permanent residence. It is a relatively common practice and there is no statutory cap on the number of K-1 visas that the federal government can issue each year. For reference, an average of nearly 40,000 K-1 visas are granted nationwide annually. To successfully apply for a K-1 visa, a couple must meet certain immigration law requirements. If you would like to bring your fiancé to the United States, you must show:

• You (the petitioner) are a U.S. citizen.
• You intend to marry within 90 days of your fiancé entering the United States.
• You and your fiancé are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing your petition.

Note: There are two exceptions to the rule that the parties must have met in person within the previous two years. Both of these exceptions require a waiver:

1. If the requirement to meet would violate strict and long-established customs of your or your fiancé’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.

Approval is Not Automatic: Why Fiancé Visa Applications are Denied (And How to Prepare)

As there are no set statutory caps on the number of K-1 visas that can be issued, a fiancé visa is an invaluable tool for many couples seeking to unite in the United States. It is one of the most straightforward family immigration paths. While the process may seem simple enough, approval is not guaranteed. There are plenty of K-1 visa applications that are denied each year. Understanding the reasons behind these denials can help you avoid potential pitfalls and increase your chances of a successful application. Here are four common reasons for fiancé visa application denials:

• Inadequate Documentation: A primary reason for denial is the failure to submit complete and accurate documentation. USCIS requires substantial evidence to establish the bona fide nature of the relationship and the eligibility of both parties. Couples must provide proof that they have met in person within the last two years, have a genuine intention to marry, and are legally free to do so. Incomplete or inconsistent information can raise red flags for immigration officials, so it’s crucial to double-check all forms and documents before submission. Be proactive: An experienced Maxidova, OR immigration lawyer can help you and your partner put together a strong, well-supported K-1 visa application. 
• Criminal History or a History of Immigration Violations: Even if the proposed marriage is deemed legitimate and valid, a specific foreign fiancé may be denied entry into the United States. Most often, the reason for such a denial is an alleged criminal history or past immigration violations. It could be crimes of moral turpitude, multiple criminal convictions, previous immigration fraud, or visa overstays. In some cases, a waiver may be available to overcome certain challenges. Our Maxidova K-1 visa lawyer can help. 
• Insufficient Financial Support: Here is an essential requirement: The U.S. citizen sponsor must demonstrate their ability to financially support their foreign fiancé. Most often, they will need to prove that they have income or assets that meet or exceed 125 percent of the federal poverty guidelines when adjusted for the size of their household size. Notably, if the sponsor does not meet the income requirement, they may use a joint sponsor who meets the criteria or submit additional evidence of assets.
• Misrepresentation or Fraud (Alleged False Marriage): USCIS is always on the lookout for marriage fraud. A relationship must be deemed legitimate for a K-1 visa to be issued. Any form of misrepresentation or fraud in the application process can lead to denial and severe consequences, even including a lifetime ban from entering the United States.

A Fiancé Visa Can Eventually Lead to United States Citizenship

While not an immediate pathway to United States citizenship, a fiancé visa can be the first step in a multi-stage journey. Upon marrying their U.S. citizen spouse within the required 90-day period, the foreign spouse becomes eligible to apply for an adjustment of status to obtain a green card (permanent residency). Once they have maintained their green card status for at least three years and fulfilled other eligibility requirements, the foreign spouse can apply for naturalization to become a U.S. citizen. Throughout this process, it is crucial to maintain a genuine, bona fide relationship and comply with all immigration requirements. If you have any special questions or concerns about applying for American citizenship as a K-1 visa holder, our Maxidova immigration lawyers can help.