When a U.S. citizen plans to marry a foreign national who resides in another country, they are able to apply for a K-1 nonimmigrant visa (also known as a fiancé visa), allowing their future spouse to immigrate to the United States for the purposes of getting married. However, the process of applying for this type of visa can be complex, and it is important to understand the requirements that must be met.
Required Documentation for a Fiancé Visa
To apply for a K-1 nonimmigrant visa, a U.S. citizen must file Form I-129F (Petition for Alien Fiancé(e)). They will be eligible to file this petition if both spouses are legally able to get married and plan to do so within 90 days after the alien fiancé arrives in the United States. After the petition is approved, the National Visa Center (NVC) will assign a case number and send information to the U.S. Embassy or Consulate in the country where the fiancé resides, and a visa interview will be scheduled. The foreign national fiancé must provide the following documentation at this interview:
- A completed Form DS-160 (Online Nonimmigrant Visa Application) - After completing this form, the confirmation page can be printed to bring to the interview.
- A valid passport - The passport must be valid for travel to the U.S. for at least six months after the period of time the fiancé plans to stay in the country.
- Proof of dissolution of previous marriages - Both the U.S. citizen and foreign national fiancé must provide divorce or death certificates for any previous spouses.
- Criminal records - An applicant must provide police certificates containing any arrest records from countries where they have lived for at least six months after reaching the age of 16.
- Medical examination and vaccination records - An applicant must receive a medical examination from an authorized doctor. While vaccinations are not required at this time, immigration law requires immigrants to receive certain vaccinations in order to obtain legal permanent resident status, and applicants are encouraged to receive these vaccinations as soon as possible.
- Proof of financial support - Applicants must demonstrate that they and/or their spouse will be able to provide support for them while they live in the United States. A Form I-134 (Affidavit of Support) may be required by the Consular Officer.
- Two passport photos
- Proof of relationship - Applicants may be required to provide evidence, such as photographs, that their relationship with their intended spouse is genuine.
- When a K-1 visa has been approved and issued, the fiancé can enter the U.S., and after the marriage has taken place, they can apply for a green card as a lawful permanent resident.
Contact a DuPage County Immigration Attorney
The application and interview process for a fiancé visa can be complex, and mistakes or omissions made during this time can cause significant delays. If you, your fiancé, or other family members are planning to immigrate to the United States, the skilled attorneys at Khan Nayyar & Associates, LLC can help you meet your legal requirements and work with you to complete the process as quickly and efficiently as possible. Contact an Oak Brook immigration lawyer today by calling 630-LAWYERS.