K1 Visa – Fiancé Sponsorship

Although times vary through United States Citizenship and Immigration Services as well as the Consulates which conduct visa interviews, a fiancé visa is generally quicker than applying for a green card through a spouse from abroad.

Once inside the United States the fiancé is required to file an adjustment of status application to a green card and initiate the process of becoming a permanent resident within ninety days. Proof of the marriage will be required at that time.

Specific requirements include:

• The sponsoring partner must be a citizen of the United States.
• Both partners must be eligible to marry. Any prior divorce decrees, annulments, or death certificates must be provided to show that any previous marriages have been terminated.
• K-1 visas are available to same-sex partners
• The legitimacy of the relationship must be proved with evidence such as photographs, flight tickets, as well as hotel reservations of trips taken together as a couple, written statements from friends and colleagues who are aware of the engagement, plus letters or emails between the partners.
• The couple must be able to prove that they have met in person at least one time within the two years prior to filing the visa form (except for cases of extreme hardship, or where in-person meetings would violate cultural, religious, or social norms). Evidence of such meetings may include flight itineraries, hotel itineraries, dated photos.
• Each partner must provide a signed statement indicating an intent to marry within 90 days of the sponsored fiancé’s arrival in the United States. If concrete wedding plans have been made, it’s also a good idea to submit evidence such as wedding invitations, receipts of deposits on a venue.
• The U.S. citizen fiancé must meet certain income requirements. Specifically, the adjusted gross income on their most recent tax return must be equal at least 100% of the Federal Poverty Guidelines. If they are unable to meet this requirement alone, a joint financial sponsor must file a supplemental “affidavit of support.”