What You Should Know About K1 Visa Eligibility

The K1 Visa is for a foreign-national fiancé(e) of a U.S. citizen who wants to come to the United States to get married. But first, you’ll need to know if you meet the K1 Visa eligibility requirements.

Broadly speaking, to apply for a K1 Visa, the foreign fiancé(e) must reside outside of the United States, be legally free to marry and able to do so, have met the U.S. citizen partner in person within the last two years, and not have been convicted of any serious crimes. If you or your fiancé(e) has foreign-born children, they must be under the age of 21 to be sponsored for a K2 Visa.

In this article, we’ll go into more detail on the K1 visa eligibility requirements. Let’s dive in!

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Do You Qualify for a K-1 Visa?

One of the K1 Visa eligibility requirements is that the foreign fiancé(e) and U.S. sponsor must have met in person within two years before the date on which you submit Form I-129F (“Petition for Alien Fiancé(e)”). 

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Below are some examples of the kinds of evidence that will prove that you’ve met in person.

  • Dated Photos of you and your partner together
  • Flight itineraries and hotel receipts
  • Dated correspondence
  • Copies of passport pages showing admission.

In addition, to use the K1 Visa for a green card, you must get married within 90 days of the foreign fiancé(e) arriving in the United States. Otherwise, they must leave the U.S. and return to their home country.

Not sure if you qualify for a K-1 visa? Check your K1 Visa eligibility today.

List of the K1 Visa eligibility requirements
Do you meet the K1 Visa eligibility requirements?

K1 Visa Eligibility Requirements for The U.S. Citizen Sponsor

To sponsor their foreign fiancé(e), the U.S. citizen partner must:

  • Be a U.S. citizen and be able to prove it. The following are acceptable proofs of U.S. citizenship:
    • U.S. birth certificate issued by a civil authority
    • Unexpired U.S. passport issued for ten years (if the sponsor is over 18 years old) or issued for five years (if the sponsor is under 18 years old)
    • Statement executed by a U.S. consular officer
    • U.S. Department of State Form FS -240 (“Report of Birth Abroad of a United States Citizen”)
    • Certificate of Naturalization or Certificate of Citizenship
    • U.S. Department of State issued passport card
  • Be free and able to marry (All prior marriages must have ended in an official divorce or the death of a spouse)
  • You must be able to provide 100% of the Federal Poverty Guidelines income level for your family size. You may only sponsor a partner if you fulfill the income requirements for that household size. Once your spouse enters the United States, you must show that you can support them.
  • To petition for your foreign partner to enter the United States on a K1 Visa, file Form I-129F with USCIS.

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K1 Visa Eligibility Requirements for Foreign Partner

The foreign fiancé(e) must satisfy the following requirements to apply for a K1 visa:

  • Live outside the United States
  • Be free and able to marry (All prior marriages must have ended in an official divorce or the death of a spouse)
  • Have met the U.S. citizen sponsor within the two years before Form I-129F is filed.
  • Have not committed any crimes or be otherwise inadmissible that would bar entry to the United States. 
  • You must be able to produce records and documents requested by the U.S. consulate or embassy, such as:
    • Valid, unexpired passport
    • Birth certificate
    • Police certificates
    • Military records, if applicable

When the K1 Visa eligibility requirements listed above are met, and the K1 Visa is granted, the foreign fiancé(e) typically has six months from the date of approval of the initial I-129F form to enter the United States.

And when the foreign fiancé(e) has arrived in the U.S., the couple has 90 days to get married or the foreign fiancé(e) will need to return to their home country.

Don’t leave your K1 approval to chance. Create a free account with Our Love Visa, and we’ll guide you every step of the way. Sign up here!

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