What Documents Are Needed for a Fiance Visa?

Author: Ashoori Law

OVERVIEW

    A fiancé visa (k1 visa) allows a U.S. citizen to bring their foreign fiancé to the United States. Once the fiancé enters the U.S., the engaged couple is required to get married within 90 days. Upon their marriage, the foreign fiancé can apply for their green card in the U.S. (without leaving).

     

    When applying for a fiancé visa, it is very important to include the correct documents with your case. In this guide I’m going to list some of the documents that you may need to include with your application. If you have any questions, please feel free to email me directly at contact@ashoorilaw.com.

     

    Four (4) requirements to qualify for a K1 visa

     

    • The petitioner must be a U.S. citizen

     

    • Both the U.S. citizen and the foreign fiancé must be free to marry

     

    • Both the U.S. citizen and the foreign fiancé must have the intent to marry each other within 90 days of the foreign fiancé’s admission to the U.S.

     

    • Both the U.S. citizen and the foreign fiancé must have met in person at least once within the last 2 years.

     

     

    The documentation that you submit in support of the K1 visa application should prove each of these requirements listed above.

     

    K1 Visa Documents

     

    Here is a general list of some of the documents you should plan to include to demonstrate compliance with the requirements K1 visa applicants must meet. Keep in mind that this is a general list, the specific documentation that you should include with your case will depend on your specific facts and circumstances. Also, please keep in mind that all documents in a foreign language should be translated to English.

     

    • Form I-129f: The Form I-129f is the Petition for Alien Fiancé. This is the form that must be filed with USCIS (United States Citizenship and Immigration Service) to apply for a fiancé visa.

     

    • Unexpired passport of U.S. citizen petitioner: The U.S. citizen’s passport is used to prove that the petitioner is a U.S. citizen.

     

    • Final divorce decrees of any prior marriages (if applicable): This is used to show that both parties are free to marry.

     

    • Signed statements from the U.S. citizen petitioner and foreign fiancé: The signed statements are used to explain your relationship with your fiancé and your intention to get married within 90 days of your fiancé’s arrival to the U.S.

     

    • Photos of you and your fiancé together: These are used to prove that you and your fiancé have met in person within the last 2 years.

     

    • Flight tickets, itinerary, and passport stamps showing travel: These are used to show that you and your fiancé have met in person within the last 2 years.

     

    • Phone call logs, text message threads, and copies of letters exchanged between each other: These are used to show the relationship between you and your fiancé.

     

    • Signed statements from friends and family: These can be used to show the relationship between you and your fiancé.

     

    Optional

     

    If you were unable to physically meet your fiancé within the last 2 years, you may be eligible for an exception to the physical meeting requirement. There are exceptions available to people in the following circumstances:

     

    • There is an extreme hardship preventing you and your fiancé from seeing each other in person

     

    • Seeing each other would violate a strict and long-standing custom of your culture or social practice

     

    If you fall into either of the 2 categories above, you should plan to include evidence proving that one of the situations applies to you. Individuals who later experience abuse after entering the United States through a fiancé visa and marrying a U.S. citizen may have separate immigration protections available under VAWA. Such evidence may include:

     

    • Letters from religious authorities (priest, rabbi, imam) attesting to the validity of the religious practice

     

    • Letters from friends and relatives attesting to the fact that you or your fiancé actually observe the cultural/religious practice which prevents you from physically meeting your fiancé.

     

    • Printouts of news articles showing political turmoil preventing you from visiting your fiancé.

     

    • Medical records and doctors’ reports showing health reasons preventing you from meeting your spouse in person.

     

    • etc.

     

    Conclusion

     

    You should now have a much better idea of some of the documents that you may include with your fiancé visa application. Please note that this is a general list and is not a complete list of every required document.  To discuss the specifics of your case, feel free to email me directly at contact@ashoorilaw.com. I’d be happy to discuss with you.

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    Michael Ashoori, Esq.

    President of Ashoori Law

    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 thousands 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.