STEP 1: Confirm That You Qualify

Before you begin it is important to confirm that you meet the basic qualifications for the K1 Fiance visa. The basic requirements are as follows:

1. You (the Petitioner) must be a U.S. Citizen and be able to evidence citizenship with a U.S. passport or birth certificate.

2. You and your foreign national fiancé must both be eligible to be legally married in the U.S. For example, both parties must be single or legally divorced and must be of a
legal age to be married. You will be required to provide evidence of lawful termination of any prior marriages.

3. You and your foreign national fiancé must have met in person within two years of filing the fiancé visa petition unless the Petitioner qualifies for a waiver. (*If you have not met your fiancé in person and want to seek a waiver of this requirement you should consult with an immigration attorney. However, most people do not meet the strict requirements for a waiver.) You will be required to provide evidence that you have met each other in person within 2 years of the date the petition is filed.

4. You must have sufficient income to support the foreign national fiancé and any dependents (children) the he or she may bring to the U.S. This requirement is based on the federal poverty guidelines. In order to determine if you meet these requirements visit the United States Department of Health & Human Services website at:

http://aspe.hhs.gov/poverty/07poverty.shtml

5. You and your fiancé must have a bona fide intent to be married within 90 days of the date your fiancé arrives in the U.S. This requirement can be met with a simple letter signed by you and your foreign national fiancé indicating your intent to be married. This package contains a sample letter you can use.

6. Must not have two or more fiance visa petitions at any time or previously had a fiance visa petition approved in the last two years. (*If you do not meet this requirement a waiver is available but you should seek the advice of a qualified immigration attorney.)

If you meet all of these requirements you meet the basic requirements to obtain a fiancé visa. Please proceed to Step 2.