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What is Needed to Get a K-1 US Fiance VISA for the United States of America?

By Edited Nov 13, 2013 0 0

The K-1 Visa or the US Fiancé Visa is the only way to legally get one's Fiancé into the United States for marriage, sooner or later. Similarly, in other countries the Fiancé Visa is known by other names. In the United States, the one and only entry visa available for the purpose of marriage is a Fiancé visa (K1 visa).

While it is possible to get a Fiancé into the US illegally with the intention of marriage, using other kinds of visa like a student's visa or a visitor's visa, getting caught would mean immediate cancellation of the existing visa along with permanent life ban on entry into the U.S. The matter is quite delicate, since getting married to a boyfriend or girlfriend who is on a non-K-1 visa permit would make the legal status of the person's stay in the U.S. questionable, and if it is found the person's sole objective behind entering the United States was to get married to a U.S. citizen and get a permanent resident's permit through a Green Card, it might lead to a life ban on the person's entry into the US border. Over the past few decades, there are quite some number of instances when female immigrants use a student's visa or a visitor's visa to gain entry into the US solely to get married to a US citizen.

Pre-requisites for getting a Fiancé visa?

1. The resident must be a legal US citizen at the time of application.

2. The resident must have met the fiancé within the past two years, when the visa application is submitted. This requirement needs another clarification. The two persons should either have met somewhere outside the US, or if the meeting has taken place inside the US, the fiancé of the resident must have returned to his/her native country before applying for the K-1 visa. This is possible only for non-third world and non-Soviet citizens/residents.

3. Both the resident and the Fiancé must be legally capable of getting married based on age restrictions etc.

4. The resident must meet certain minimum limits of regular income in order to get a K-1 visa.

5. The Fiancé or the person applying for a K-1 visa must not have any kind of a criminal record anywhere.

6. The applicant or the Fiancé must not have violated any US immigration regulations anytime in the past.

Can a valid fiancé visa application be rejected?

While the chances are pretty low if all the above requirements are met, there is still a possibility of rejection. Only 60% of the K-1 visa applications filed each year with the USCIS are finally handed over to the applicants. The primary cause being not rejection of applications but excessive delays leading to termination of the application by one of the Fiancé's! Thus applying much in advance is very important.



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