Key Documents to Be Included with the K-1 Visa Application

 

 

Hello to our blog readers!  So, you have decided on a K-1 Fiancé Visa.  You have a general idea of what a Fiancé Visa is so now let’s delve into it in a bit more detail. What specific documentary evidence will you need to prove that your petition (I-129F) is being filed in “Good Faith”, that all preliminary rules have been met, and that you and your fiancé(e) have the requisite intent?

 

EVIDENCE OF UNITED STATES CITIZENSHIP

 

Of utmost importance is proving that you, as the Petitioner, are a United States citizen. If you were born in the United States, a birth certificate will do nicely. If you were not born in the United States but are a Naturalized United States citizen, your Naturalization Certificate and United States Passport will also do nicely. It becomes tricky if you acquired derivative citizenship or were born abroad to two United States citizen parents, or any number of similar scenarios. For example, a “Consular Report of Birth Abroad” may be produced as evidence of your United States Citizenship unless your parents did not report your birth to the U.S. Consulate abroad. Perhaps your mother is a United States citizen, and your father is not. Moreover, questions may arise as to whether your parents were married, whether your mother had custody, and so forth.

 

EVIDENCE OF LEGAL CAPACITY TO MARRY

 

You and your fiancé must have the legal capacity to marry. This means that there are no legal impediments that would prevent the two of you from entering into a legal marital relationship. An example of not having the legal capacity to marry is that one or the other of you is already married. To this end, if either of you had a previous spouse, you must show a certified copy of a Dissolution of Marriage Judgement, an Annulment Decree or a Death Certificate.

 

EVIDENCE THAT YOU AND YOUR FOREIGN NATIONAL FIANCÉ HAVE MET IN PERSON DURING THE TWO YEARS PRECEDING THE FILING OF YOUR PETITION AND EXCEPTIONS TO THIS REQUIREMENT

 

You and your foreign national fiancé will need to produce evidence that you have met in person during the two years preceding the filing of your application for a Fiancé Visa. However, there are exceptions, and these exceptions will require specific documentation.
Generally, the exceptions to the two year “in-person meeting” requirement are:

 

  • Accepted custom – If your fiancé comes from a culture wherein meeting prior to marriage is forbidden based upon accepted custom.
  • Extreme hardship -If meeting in person would cause extreme hardship to the United States citizen sponsor.

 

The documentation needed to prove this “two year” requirement can get a little complicated and sometimes you need to show a bit of creativity. You might show photographs taken during your time together.  You might print airline travel itineraries or show your saved boarding passes from flights. Perhaps you have saved hotel bills, telephone bills, emails discussing meetings, brochures from hotels where the two of you stayed. You may also provide letters from friends and family members.
Complications arise when there are cultural differences as described above in the discussion regarding “exceptions”.  For example, suppose you are a naturalized United States citizen, and you have an “arranged” marriage to a Nigerian citizen following strict tribal rule. Your families arranged the marriage when you were both children and as is customary, you have never met.  Your fiancée is now of marriageable age and you must petition for her so that she may enter the United States under a K1 Visa. It would be prudent to gather letters from other members of the tribe including tribal leaders and if there is a written contract of “betrothment” this should also be included with your application.

 

As for extreme hardship to the United States citizen sponsor; perhaps you are ill or in some way because of physical limitations, unable to travel. This should be documented and provided with the application.

 

EVIDENCE THAT YOU AND YOUR FIANCE ARE INTENDING TO MARRY WITHIN 90 DAYS OF ENTRY INTO THE UNITED STATES

 

It is a requirement that the marriage take place within 90 days from the date of entrance to the United States on a K-1 Fiance Visa. It is therefore vital that you prove your intention to marry within this 90-day time-frame.

 

Since you do not have a crystal ball, you may think: “how do I prove what the future holds for me and my partner?” This may seem like an insurmountable task-However, the United States Government is not asking you to see into the future, but rather to produce documentation giving some idea of your plans. What documentation will you use to prove that your intention is authentic?  If you are planning a large wedding, it is easy. The invoice for the wedding hall or band that you have hired can be provided. Maybe you have formal invitations waiting to be finished once you have a date selected. Or, you may have an apartment chosen and a lease signed, or invoices for furniture already bought. Maybe you have a joint bank account in the United States or in your fiancé’s country of citizenship. You may also provide letters from friends and relatives who are aware of your plans to marry.

 

ADDITIONAL REQUIRED DOCUMENTS 

 

And finally, some basic documents will be needed. What are they?  Your fiancé will need:

 

  • Evidence of criminal involvement, if any, in the country of residency, nationality, or any other country. If there have been arrests or detentions, there should be documentation regarding what occurred and the outcome or disposition.
  • Record of previous stays in the United States and any involvement with the Department of Homeland Security.  If your fiancé has been detained, removed, or overstayed a visa, documentation will be needed.
  • Medical examination records. Your fiancé must undergo a medical screening by an approved physician.
  • Two photographs meeting United States Visa requirements.
  • A valid Passport
  • An original or certified copy of a birth certificate.

 

Additional Evidence that you as the Petitioner will need:

 

  • An I-134 (Showing financial ability)
  • Valid Passport

 

CONCLUSION:

 

There are numerous considerations when bringing your fiance to the United States. Our firm is ready to answer your questions and guide you every step of the way. Our goal is to help you and your fiancé to live a wonderful life, enjoying the freedoms that this country has to offer; to love and prosper, and raise the next generation of Americans.

 

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