90 Day Fiancé: Do We Qualify for a K-1 Nonimmigrant Visa?

June 28, 2023   |   U VIsa

Are you in a long-distance relationship with someone who lives outside of the United States? If so, you may have heard of the K-1 nonimmigrant visa, also known as the 90 Day Fiancé Visa. But do you qualify for it? In this blog post, we’ll take a closer look at the requirements for obtaining a K-1 visa and help determine if it’s right for your specific situation.

What is a K-1 Nonimmigrant Visa?

A K-1 nonimmigrant visa is a visa available to the fiancé or fiancée of a U.S. citizen. The relationship between the fiancé and the U.S. citizen must be legitimate and both parties must intend to marry within 90 days of the fiancé’s arrival in the United States. If you are planning to petition for a K-1 visa, you will need to file a Petition for Alien Fiancé(e) (Form I-129F) with USCIS.

The K-1 visa allows the holder to enter the United States for 90 days so that he or she can marry their U.S. citizen sponsor. After marrying, the holder can then apply for permanent residence through adjustment of status. The entire process from filing the petition to adjustment of status usually takes around six to nine months, but it can vary depending on individual circumstances.

Requirements for Obtaining a K-1 Nonimmigrant Visa

To obtain a K-1 nonimmigrant visa, you must be engaged to marry a U.S. citizen, and you must show that:

1. You are legally free to marry;

2. You have met your fiancé(e) in person within the past two years; and

3. After you marry, you intend to live together in the United States.

Documentation Needed to Apply for a K-1 Nonimmigrant Visa

To apply for a K-1 nonimmigrant visa, you must submit the following documentation to the U.S. Department of State:

  • Proof of U.S. citizenship, such as a copy of your birth certificate, passport, or naturalization certificate.
  • Proof that you are free to marry, such as a divorce decree or death certificate if you have been previously married.
  • Evidence of a relationship between you and your fiancé(e), such as copies of correspondence between you, photographs of you together, joint financial statements, or evidence that you have met in person within the last two years.
  • A medical examination report from an authorized panel physician (this is required for all K visa applicants).

 After the petition is approved by USCIS, it will be sent to the National Visa Center (NVC) for processing. The NVC will contact you and your fiancé(e) to begin scheduling your interview at a U.S. embassy or consulate abroad.

Processing Times and Costs of Applying for a K-1 Nonimmigrant Visa

The average processing time for a K-1 nonimmigrant visa is about six to eight months, although it can vary depending on the country in which you apply. The cost of applying for a K-1 nonimmigrant visa is $265, which must be paid in full at the time of your application. There is also a $535 filing fee for the I-129F form.

Tips For Applying for a K-1 Nonimmigrant Visa

If you are seeking to bring your fiancé(e) to the United States for marriage, you will need to file a petition with US Citizenship and Immigration Services (USCIS). If USCIS approves your petition, they will forward it to the National Visa Center (NVC), which is when you will begin collecting the required documentation for your K-1 nonimmigrant visa. You will then need to submit this documentation, along with your visa application, to a US Embassy or Consulate.

Below are some tips to help you through the process of applying for a K-1 nonimmigrant visa:

-Gather all required documentation ahead of time. This includes things like birth certificates, police clearances, medical examinations, and more. Having everything ready in advance will make the process go much smoother.

-Make sure you fill out all forms completely and accurately. Any mistakes could delay processing of your application or even result in it being denied.

-Be prepared for your interview at the US embassy or consulate. You will be asked questions about your relationship and plans for marriage, so it’s important to be able to answer confidently and provide evidence to support your answers.

-Follow all instructions from the embassy or consulate staff. They know what needs to be done in order for your application to be processed successfully, so make sure you do everything they ask of you.

Conclusion

In conclusion, the K-1 visa process can be complex for couples seeking to get married in the United States. However, if you and your fiancé meet all of the requirements set forth by U.S. Citizenship and Immigration Services (USCIS) and are able to provide necessary documentation proving that you share a genuine relationship, then it is very possible for you both to qualify for this type of nonimmigrant visa. If you need more guidance on the K-1 visa process or any other family-based immigration concerns, contact an expert immigration attorney.