- To qualify for a K-1 visa, you must be the fiancé of an American citizen. You must have met your fiancé in person within the last two years, although there are exceptions for certain cultural traditions.
- You may be unable to obtain a K-1 visa if you meet certain criteria. Being a convicted drug trafficker or supporting the overthrow of a government will likely keep you from obtaining a K-1 visa. Other examples include having HIV or multiple wives. Also, prior immigration issues, such as overstaying a visa or using fraudulent documents, will prevent your visa from being approved.
- Applying for a K-1 visa can be a lengthy process. You must meet some of the qualifications for getting an immigrant visa because post-marriage you will become a U.S. citizen. You need a valid passport, birth certificate and divorce or death papers if either you or your fiancé were ever previously married. You need a police certificate from everywhere you lived since age 16 as well as medical exam paperwork. You will need to be able to show a way for you or your fiancé to support yourself in the United States. You will need two nonimmigrant visa applications (Form DS-156) and a nonimmigrant fiancé visa application (Form DS-156K). Finally, you will need two photos for the visa and proof of your engagement.
- File the Petition for Alien Fiancé (Form I-129F) with the U.S. Citizenship and Immigration Services office for the area where you are a citizen. If your petition is granted, it will be sent to the National Visa Center, and then your fiancé can apply for a K-1 visa for you at a U.S. embassy or consulate office.
- There are many different fees you'll have to pay when applying for your K-1 visa. As of 2010, there is a $455 fee to file the alien fiancé petition (Form I-129F) as well as a $131 processing fee for your nonimmigrant visa application. Once you marry and need to file your application to become a permanent resident (Form I-485), you will have to pay a $1,010 fee with that document.
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