Immigration Law Is All About Family

Requirements for a K-1 nonimmigrant visa

On Behalf of | Jan 21, 2021 | Family Immigration

When a Colorado resident and U.S. citizen wishes to marry a person from another country and live here, each party has specific requirements and must undergo background checks. Applying for the right visa and preparing documentation are the first steps to moving the process forward.

According to the U.S. Department of State, a K-1 nonimmigrant visa, known as a fiance(e) visa, enables a foreign-citizen to travel to the United States and marry the U.S. citizen that sponsored them.

Obtaining a Petition for alien fiancé(e)

If you are a United States citizen who wishes to bring your fiancé to the U.S., completing and submitting a Form I-129 is the first step. You may meet eligibility requirements if you are a U.S. citizen, intend to marry within 90 days of their arrival to this country and both of you can legally marry. Generally speaking, you and your fiancé must have met in person at least once in the two years leading up to the petition, although some situations allow for a waiver.

The process takes an average of six to nine months for U.S. Citizenship and Immigration Services to process the form and four to six weeks for the interview request. However, depending on your fiance’s home country, it could take longer.

Submitting the required documentation

If you are a foreign citizen, you must bring a variety of forms to the visa interview.

  • Completed Form DS-160, the online nonimmigrant visa application
  • Birth certificate
  • A valid passport
  • Death or divorce certificates for both you and your U.S. citizen fiancé, if applicable
  • Medical examination
  • Completed Form I-134, Evidence of financial support

In addition, you must furnish two 2”x2” photos, evidence of the relationship with your fiancé and pay any applicable fees.

Petitioning for a fiancé visa can be complex. The precise details depend on the requirements for your unique circumstances, such as your home country and whether you have children that require a K-2 visa.