Eligibility for K-1 Fiancee Visas

What Must I Do To Be Eligible For a K-1 Visa? (Including Same Sex)

You must intend to marry in the US within 90 days of your arrival in the U.S. on your 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 fiance(e) 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.
You must have met your fiance(e) in person within the last two years
  • An exception to this rule is provided in the situation where the customs or religious practice of one or both of the parties do not allow personal meetings prior to marriage. Proof of these customs or practices must be provided.
  • There are also very limited exceptions when extreme hardship prevents a face to face meeting.
You must be legally able to marry:
  • This means that you have never been married before or that if you have been married before that you are legally divorced, that your previous marriage has been legally annulled or that your previous spouse is deceased.

You must prove that your relationship is a valid one for love and not for the purpose of immigration.

* There are many ways to do this and we will discuss them with you on a case by case basis during our confidential consultation.

We would be happy to discuss your particular situation with you on a free conference call. For a direct line to an experienced K1 visa attorney please call (707) 481-3204 or go to the Book Me section of this and other pages to schedule a time for the call at your convenience.