Eligibility for K-1 Fiancee visas

  • You must intend to marry in the US
    • You will be asked to provide proof that this is your intent with such things as when, where, type of ceremony or other wedding plans made
    • You will have to actually get married within 90 days of your fiancee coming to the US using the K-1 visa.

  • One spouse must currently be a US citizen; a permanent resident is not eligible to bring a fiance to the US on a K-1 visa
    • US citizenship is determined by birth in the US, by naturalization, or by deriving citizenship by being the child of a US citizen parent, born outside the US.
    • Permanent residents (Green Card holders) are not considered US citizens.

  • You must have met your fiance in person within the last two years
    • An exception to this rule is provided in the situation where the customs of one or both of the parties do not allow personal meetings prior to marriage. Proof of these customs or practices must be provided

  • You must be legally able to marry
    • If you are an adult who has never been married before this will not be an issue; however there may be some problems and additional proof may be required where:
      • The couple to be married are related by blood
        • The laws of the state where you are to be married in the US will control in this situation
      • One or both of the parties have been married before
        • Proof of death, divorce or annulment will be required
      • One of the parties is underage
        • The laws of the state where you are to be married in the US will control in this situation
      • Current Federal law does not recognize lesbian/gay marriage; however, some transgender partnerships may be recognized.