K1 Visa Requirements: How to Qualify for a Fiance Visa
The K1 visa, also known as the fiancé visa, is a great option to bring your fiancé to the United States. Through the K1 visa, a U.S. citizen can apply for their fiancé to get a special visa to the United States. Once the fiancé enters the United States, they can marry their U.S. citizen fiancé and apply for a green card in the U.S. (without leaving).
In this guide, I’m going to explain the 4 K1 visa requirements. If you have any questions, please email me at Michael@AshooriLaw.com. I’m an experienced immigration lawyer and I would be happy to help you.
As a general overview, there are 4 main requirements to qualify for a K1 visa:
- Petitioner Must be a U.S. Citizen
- Both Parties Must be Free to Marry
- Must have Intent to Get Married within 90 Days
- Physical Meeting Requirement
1. Petitioner Must be a U.S. Citizen
To qualify for a k1 visa, the petitioner must be a U.S. citizen. This means that the person filing the immigration paperwork for their foreign fiancé must be a U.S. citizen. A U.S. lawful permanent resident (green card holder) is not eligible to apply for a K1 visa for their foreign fiancé.
Important Note: While green card holders are not eligible to apply for the K1 visa, they can still apply for a marriage-based green card for their spouse. To qualify for a marriage-based green card, you must be married to your spouse before filing the immigration paperwork.
2. Both Parties Must be Free to Marry
Another requirement for the K1 visa is that both the U.S. citizen and the foreign fiancé must be free to marry. This means that if either person is currently married, they do not qualify for a k1 visa. All prior marriages must be terminated before applying for a fiancé visa.
3. Intent to Get Married Within 90 Days
To qualify for a k1 visa, both parties must have the intent to get married to each other within 90 days of the foreign fiancé’s admission to the United States. What this means is that both the U.S. citizen and the foreign fiancé must plan on getting married within 90 days of the foreign fiancé’s arrival to the U.S.
When submitting the k1 visa application, it is important include clear evidence, including signed statements from both parties, explaining their intention to get married within 90 days.
4. Physical Meeting Requirement
Another requirement for the K1 visa is that you and your fiancé must have met in person within the last 2-years prior to filing the K1 visa paperwork. This means that you must provide evidence demonstrating that you’ve actually physically met each other within the last 2 years.
Helpful evidence to prove that you’ve actually met in person include photographs, flight itineraries, hotel bookings, etc.
Exceptions to the Physical Meeting Requirement
If you have not met your fiancé in person within the last 2 years, there are 2 exceptions that you may potentially qualify for.
Extreme Hardship Exception
To qualify for the extreme hardship exception, you must show that there is an extreme hardship preventing either party from satisfying the physical meeting requirement. An example of extreme hardship would be if there are medical issues which impact either person’s ability to travel. Another example of an extreme hardship would be if there is political turmoil which prevents travel to/from the fiancé’s home country.
If you plan to use this exception, you should have evidence to support your position.
Established Custom Exception
To qualify for the established custom exception, you must show that meeting each other in person would violate long-standing and strict customs of the foreign fiancé’s social practice or culture.
If you will be using this exception, you should have evidence demonstrating that these are long-standing customs. You should also include evidence proving that you are complying with these customs.
Conclusion
Through the K1 visa, a U.S. citizen can apply for their fiancé to get a visa to the United States. Once the foreign fiancé enters the United States, they can marry their U.S. citizen fiancé and apply for a green card in the U.S. (without leaving).
You should now have a much better understanding of the K1 visa requirements. As a quick overview, there are 4 main requirements:
- Petitioner Must be a U.S. Citizen
- Both Parties Must be Free to Marry
- Both Parties Must have Intent to Get Married within 90 Days
- Physical Meeting Requirement
If you have any questions about the K1 visa requirements, feel free to email me directly at Michael@AshooriLaw.com. I’m a U.S. immigration lawyer would be happy to help you.
Share this post...
saeid zamani
1701981333
I had an appointment with Mr Mehri, he answered all of my questions patiently and professionally. I am fully satisfied with their service and strongly recommend them.
Pawan Sutrala
1701811150
Excellent unit at Ashoori Law to help us through what ended up as not a very straightforward E2 visa process. My wife was the main E2 applicant of a new franchised based business in a CPOM state. CPOM (Corporate Practice of Medicine), for the... uninitiated, is a doctrine that establishes stringent rules and structural guardrails on businesses and business owners of medical and related practices. Not all states in the US have these requirements. Ashoori team and Shruti Bali, in particular, was excellent and, more so, patient in dealing with us and our concerns, fears and expectations. Quite a few times, we found ourselves in a panic with our situation - we had made the requisite financial and personal commitments (for instance, sold our holdings in Canada, paid the substantial franchise fees). However, Michael personally got involved and Shruti was phenomenal in calming our nerves and prepping us through the process. The guidance around our options were clear and ambiguities very few. The preparation for the interview was immaculate - we were over-prepared and breezed through that. Thank you Michael, Shruti and the rest of the fantastic Ashoori team. Worth every penny!read more
Hannah Mansour
1701777129
Ashoori Law provided an exceptional service from start to finish for my approved E2 visa application. Their expert knowledge and management of every aspect of the application meant that the process was smooth and efficient. Everyone involved was... friendly, professional and went the extra mile to make sure that the application was flawless. I would recommend them 1000 times over. Thank you Ashoori Law!read more
Peppe Öhman
1701737383
Me and my husband immediately knew Ashoori Law was the law firm we wanted to help us with our green card application. The approach of this firm is friendly and professional. All our inquiries were answered rapidly and we felt very secure in out... journey to permanent residency. I warmly recommend Ashoori Law.read more
Amir Asgari
1701377882
A Life Changing Law FirmI would like to thank the team of Ashoori Law who took care of my application for EB5 .Very efficient and professional.
Eric Georgeson
1701301146
Great team, good system, always responding to the emails on time and following up without me asking.Highly recommending.
Matthew Habib
1701297955
The law firm of Michael Ashoori was a great & pleasant experience, they are professionalsI 100% recommend them for all your immigration needsThank you ashoori law firm
meelad almasak
1701201599
Ashoori Law has been helpful throughout my immigration process! Everyone on the team, attorney's, paralegals, legal assistants and the billing team are phenomenal. They are professional that take time to answer your questions, and make you feel at... ease. Lorianne and her team have made my application easy and smooth. I would highly recommend Ashoori Law to anyone!read more
Jamie Faus
1701139653
Ashoori Law was attentive to our questions through the process of obtaining a marriage based green card. They walked us through the process, saved us countless hours worth of paperwork, and set clear expectations. Ultimately, Ashoori helped us... secure the marriage based green card in the period of time they had initially quoted. We would recommend Ashoori to those looking to option a marriage based green card.read more
Ramandeep Singh
1700705865
We have known Michael for almost 4 years now. Very knowledgeable and top most professional in his field. We hired Michael for E2 visa and he got us approval every single time even for the renewals. Michael truly believes in helping the clients all... across the world through his videos and I definitely recommend him to anyone looking for immigration advice. Best of the best !!!read more
Mayra Contreras
1700698699
We have had a great experience with Ashoori Law. All of the staff are very responsive. I am a many questions person and they had answers to everything. Our case was processed quickly and efficiently. We will continue to use them and recommend them... to family and friends.read more
Joti Puri
1700504288
I am so glad I used this firm for my US related immigration work. They were very friendly and pleasant to engage with and answered all my questions in a timely manner throughout the entire process. They were also cheaper in comparison to another... firm who I had been recommended to by a friend. The information they provided was accurate and made sure my application was never jeopardized ensuring I was up to date and acting in compliance with the law.read more
mohammad javadipour
1699638090
I have got my Case approval only within 10 months!I think it was one of my best decision to choose The Ashoori Law, which they have helped me a lot through the whole process, and if had not be the preciseness and accuracy which they have shown... through the whole process, the result would be still in dark for me.They are extremely experienced which I think that what makes them a wining card!read more
prithvi
1699574445
Rohit Sirinivasa at Ashoori Law provided some very valuable advice for my H1B NOID issued by USCIS. He is proficient and very prompt with his communication.
Hitesh Mahay
1699568487
I had a great experience with Ashoori Law Firm. Ashoori Law is a professional law firm with a great team. They helped me getting my I-140 approval. Everyone was responsive and helpful in guiding me through the process. I highly recommend them for... all your immigration needs.read more
Roman G
1699564749
We applied for E2 visa and were approved. Our experience was very positive, they reviewed our documents and prepared the packet very fast and were attentive to all our questions. I would definitely recommend them. Also they didn't charge any hidden... fees, were upfront with all the expenses.read more
Yousuf Dadi
1699557731
I would like to thank you from the bottom of my heart for all your help with my cases. It had been an exciting journey since 2018 when we first started working with Ashoori law Office on my E visas .I am grateful to you and to all your colleagues... who assisted in the whole process. Thank you so much! I appreciate all of your help and guidance Attorney Fredrick has also been great, and I appreciate all the hard work that he has put into my case EB5 as well. This was a long process but definitely worth it!read more
Fauzia Usman
1699039519
Thankyou so much Michael Ashoori and your Immigration Attorney Shruti Bali and all team member to help me process me and my family case of E2 Investor Visa. It took Approx. 10 months from Ontario Canada. I Never visit IN person to this Firm,... everything deal and process online. Ashoori Law serve Great Professional Service. Highly recommend.read more
Berna Antelo
1699034161
I really recommend the Ashoori Law team, they are wonderful and always ready to help you in all the different steps and process. My best experience.
Anita Valasek
1698860235
Ashoori Law has made my husband’s American dream became reality exactly in 5 months time. I found Ashoori Law on Tiktok. I liked how informative Michael’s videos were so I knew his law firm would be the one for us. From the moment we approached them... till the unbelievable last email that informed us that my husband’s green card arrived at their firm, has been a very smooth ride. Very responsive to any questions we had, they worked as efficiently as we did on our paperwork. We highly recommend Ashoori Law with all your immigration needs. We are very thankful for their expertise.read more
Adam Weston
1698202737
We finally received my wife’s green card thanks to Ashoori Law. They made everything very easy which is key. Highly recommend.
zaheer aulakh
1698183573
My experience with Ashoori law is excellent.I applied for E2 through them and I got the approval.Throughout the whole process Ashoori team and specially my attorney has been very supportive and guiding.I really recommend Ashoori Law.
Karim El-Gamal
1698082070
I’ve worked with Ashoori on several issues regarding E2s and EB5s and some other unique issues. They have delivered on my needs every time with support from their team and networks. I’ve worked with other law firms prior and no one could handle... these unique complex requirements like Ashoori.read more
Malwa Truckline
1698080625
We express our heartfelt gratitude to Michael and the entire team at Ashoori Law Firm for their exceptional handling of our case. Their professional expertise and dedicated efforts made the entire process remarkably smooth and easy for us. We... enthusiastically recommend Ashoori Law Firm to anyone seeking top-notch legal services. It was truly a pleasure doing business with them, and we are thoroughly satisfied with the outstanding quality of their work.read more
Gunveen Bachher
1697820859
Highly recommended. The staff is professional and they do whatever it takes to get the job done. Thank you so much for everything.
BLESSING GBUDJE
1697654038
Highly professional, supportive, patient and timely response with our ongoing immigrant visa process. I highly recommend this firm!
T S
1697155267
I wish to express my sincere thanks for all the work and effort you, your team and especially Lorainne put into my case. Lorainne is a senior experienced attorney with detailed knowledge all intricacies and rules and regulations of L1, she guided... and handheld me through the whole process beautifully.L1 is not an easy process, but you guys made it absolutely seamless for me, without putting any undue financial burdens.Your team also did a wonderful job with writing the business plan. All work and pricing was transparent. Support and responsiveness was on point. The process was made easy and seamless in every way.May God Bless You and bestow upon you more Success, Peace and Happiness in everything you all do. Amen!read more
Andres Riera
1697057955
Ashoori Law came highly recommended and did not disappoint. My whole immigration process was smooth from beginning to end. They answered any questions at any time and always kept me updated. If needed to, I would not hesitate to consult with them... againread more
Angelica
1696868249
I booked a consultation on the web site. There were 2 text reminders before, which is really great! I talked to Juan Robles. He answered all my questions, cleared all the doubts. I'm very greatfull to him! Strongly Recommended!
Kay F
1696581177
Green card approved! 🎈 🎈 🎈Would like to say a sincere thank you to Ashoori Law firm and team for the tremendous job they did. My husband and I attended our green card interview November of 2022. Our case kept pending until... June of 2023. We were rescheduled for another interview in September 2023. Michael and team still kept contact and kept us updated throughout the waiting period. An Attorney was availed to us just to help out with the preparations. Even after having waited for almost a year, Ashoori law did not ask us to pay any extra attorney fees. My green card was approved a few hours after the interviews. We are sincerely grateful for the guidance and help rendered throughout this process. If we had to retain an attorney again for this process, we would definitely hire you a thousand times more.read more
Carlos Iglesias
1696534848
I found out about Ashoori Law because I was looking for a law office on the internet. I was skeptical at first since I was living in Miami, and they are located in California. I looked for more information about them and despite having found it, I... preferred to look for something local. I found a local office in Miami and went in person for an interview. After paying for the first consultation and before starting to collect the necessary documents, they stopped answering my calls and communicating with the lawyer was very difficult. Due to that bad experience I decided to give Ashoori Law a chance and I am happy I did. The first consultation was free and starting the process was very simple, they have a platform where you can upload the documents and monitor what is needed. My wife was out of the country, and it was very helpful to have the facility to upload the documents. Jesser was always ready to help me with my questions and no more than 24 hours went by without receiving a response from them, even the payments were easy to make, the accounting department they have is very effective, they made sure I received my receipts on time, and they even helped me with the best payment method available. I am very satisfied with them, and I definitely recommend this office. If you want to know more about them, you will eventually see that their offices and they are legit. I even receive videos and updates every week with important information on the latest developments in immigration laws. My wife and I are happy to have chosen them.read more
Arsineh Hebert
1696267406
Ashoori Law has exceeded our expectations. They are extremely professional, courteous, support a quick turn around, and communicate regularly and clearly. I highly recommend them!
Arsineh Hebert
1696023510
We had an excellent experience with Ashoori Law. Extremely progressional and worked quickly to get us a successful outcome!
mohammed khaled
1695956154
The Ashoori firm is one of the best law firms I have dealt with. They are so quick, professional, and responsive.I got my case approved in a few weeks
Mariana Sanchez
1695839622
I had a great experience working with the Ashoori Law team. Everybody was responsive and helpful in guiding me through the immigration process. They answer all of your questions and really make it easy for you to work out immigration stuff. Do your... part (turn in the requested documents on time) and then rest is taken care of by the Ashoori Law team. True peace of mind.read more
Alec Strickland
1695445497
Ashoori was a great help with our green card process. They filed all of our paperwork, were available the entire time to answer any questions (we had many), and provided personal counseling for the final interview
Jamal Albardwil
1695322620
I was delighted with my experience. Mr. Ehsan Ashoori Was a professional, and free consultation meant free and informative. And he educated me on what to expect and do, the likely outcomes, and how to achieve it. I would highly highly recommend this... immigration law firm to anyone needing an immigration law firm.I wish I could give them 6 stars.100% professionals.read more
Sanjeev Bhalla
1695322329
Ashoori Law is a professional law firm with a great team. We had applied for my daughter's change of status visa and they handled it pretty well and we got the status change without any difficulty. I would strongly recommend them to anyone who... wishes to engage a immigration law firm. They will do a great job as was in our case. I'd like to thank Michael and Sergio as well their entire team for the fantastic work work they did for us.read more
Graem Beddoes
1695304265
Very grateful for the help and guidance in getting our E2
Carolina Marmolejo
1695267069
Very proffessional law firm. My husband & I appreciated their attentive, meticulous and detailed work on our case. They always stayed communicated and responsive to us from beginning to end.
Kaveeta Ramnarine
1695263390
Totally grateful to the Ashoori team for their excellent service. They are very responsive and knowledgeable, they go above and beyond for their clients.Special thank you to Attorneys Rebecca McCarthy and Ehsan Mehri for their continued support in... our process.read more
Shyam Chandrasekharan
1695134280
I wanted to express my heartfelt thanks for your exceptional guidance and expertise in securing my visa extension approval. Your professionalism, attention to detail, and dedication were instrumental in achieving this success. Your support and clear... communication throughout the process were invaluable. I'm deeply grateful for your outstanding work.read more
Malia Hi’ilani
1695090094
Ashoori Law is a very knowledgeable and thorough law firm, with a great team. They gave me confidence in my business plan by providing a free discovery call to see if it was worth pursuing. Very personable and available for all of my questions or... concerns throughout the process. I was granted my E2 change of status successfully. I would highly recommend them for all of your immigration needs.read more
Israt Jahan
1695005054
AshooriLaw is a great choice for our case.they response fast and very helpful.
Beth Jinks
1694583948
Ashoori Law again handled my green card travel document renewal application professionally, and they accurately predicted the processing time. I've tackled similar paperwork alone before, but have now been working with Ashoori for about five years... because they provide peace of mind that everything is handled correctly. Highly recommend.read more
Michael Ashoori, Esq.
U.S. Immigration Lawyer
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.