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How to Obtain a K-1 Fiance Visa

How to Obtain a K-1 Fiance Visa

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K-1 Visa

K-1 Visa

K-1 Fiance Visa – Table of Contents

What is this guide?

This is a full and thorough guide on the steps and process required for a United States citizen to obtain a K-1 fiancé visa for a foreign fiancé (using Romania as the foreign country of example). This guide will discuss, analyze, breakdown, and provide you with all the details in the process required to bring a Romanian (or other nationality) fiancé to the U.S. under a nonimmigrant K-1 visa.

Is this guide applicable only for obtaining a K-1 for a ROMANIAN fiancé?

No. The steps and processes outlined in this guide, on how to obtain a K-1 fiancé visa, are virtually the same for almost every other country.

If your fiancé comes from a different country other than Romania, when reading this guide, just replace Romania with the country that applies to your situation.

This guide specifically uses Romania because the author of this guide had to complete the process with a Romanian spouse. The blog on which this guide is found is also a blog about Romania.

Is the guide for immigrating a female or male fiance?

Either. Everything in this guide applies whether the fiance is male or female.

Do you have other guides related to U.S. immigration?

Yes, we have various other guides related to U.S. immigration and foreign marriages. The guides all use Romania as the foreign country of example, but the majority of the information and resources found in the guides are applicable to all other countries.

Our guides on the Marriage and Immigration Series include:

Forms Required for Immigration of Foreign Spouse or Fiancé to U.S.
How to Get Married in Romania
How to Obtain a CR1 or IR1 Spouse Visa
Steps to take after Immigrating to the United States

Step 1 – The Fiancé

The first step in obtaining a K-1 fiancé visa for your foreign fiancé is to actually have a fiancé. The date you proposed, or how much time has passed since you have proposed does not matter. What matters is that you have met the fiancé at a minimum of once in the last two years.

You do not have to meet with your fiancé in person if you meet either of these two exceptions:

  1. If you provide proof that extreme hardships have kept you from meeting the fiancé in person.
  2. If you provide proof that it is against either your, or your fiancé’s, culture to meet before the wedding.

Step 2 – Submit a Petition with Documentation

Your next step after having a fiancé is to file Form I-1295 (Petition for Alien Fiancé) with the United States Citizenship and Immigration Services (USCIS). You must also pay a $535 filing fee when submitting the petition.

When you, as a U.S. citizen, file this petition, you are known as the petitioner. The petition should be in the same envelope and filed at the same time with the below-discussed documentation.

Accompanying Documents to Submit with Form I-1295

In order to have your petition approved, you must submit with it documentation that proves elements of your relationship with your fiancé, as well as that you actually intend to get married to the fiancé. The types of documents and information about them are discussed below.

For more information on documenting evidence required to be submitted with the petition see: Form I-129F Instructions under the heading: What Evidence Must You Submit?

*Note1: For any of the below documents, do not include extremely personal, intimate, or inappropriate details about your relationship with your fiancé.

*Note2: Make double copies of all the below documents in order to provide the second copies to your fiancé in order for the fiancé to take them to the visa interview.

*Note3: Any of the below documents which are in another language need to be translated by a certified translator to English.

Statement of Meeting Fiancé

You should type out, or write, a personal statement on how you first met or were introduced to your foreign fiancé. Some examples could be if, and what, online matchmaking service you used, if you were introduced by a friend, family, co-worker, or any other way you two met and started talking.

You should also include information in the letter about when you met again after your initial meeting, and a brief summary of your relationship and how you both concluded to get married.

Proof of Meeting in Person

You must prove that you and your fiancé have met in person at least once in the last two years (unless you meet an exception). Types of proof that can be used are things such as the following:

  • Photographs of you and the fiancé together, the photos should be printed with the date time stamp, if the camera used didn’t provide the date, write the date and location taken on the back of the photo using a pen.
  • Copies of airplane and other transportation tickets and receipts that you purchased when you traveled to meet the fiancé.
  • Copies of the stamped pages in your passport you received when traveling to visit the fiancé.
  • Credit/Debit card receipts that show you spent money with or stayed at the same place as the fiancé.

Proof you Intend to Marry

In order to prove that you and your fiancé actually plan on getting married upon their approval of the K-1 visa, you and the fiancé should both sign a statement that states your marriage plans are genuine and legitimate.

The signed statement is usually enough to satisfy the marriage proof requirement, but if after the USCIS receives your petition they ask you for more proof of your intentions of getting married, you can submit them items of proof such as the following:

  • Copies of written letters, emails, or cards, you’ve exchanged with the fiancé discussing the marriage (you can block out all personal or intimate details).
  • Letter from a judge or religious leader who will conduct the wedding.
  • Copies of wedding invitations.
  • Evidence of wedding preparation, such as: receipts or contracts for catering, flowers, photographs, honeymoon, rented equipment, music band, etc.

Proof of Ability to Marry

If you, or the fiancé, or both, have been previously married, then the person who has been previously married (or both persons if that applies) must attach documentation that shows the legal termination of the previous marriage(s). Types of documents can include:

  • Divorce Decree
  • Annulment Decree
  • Death certificate (of previous spouse)

Proof of U.S. Citizenship

Along with the petition, you must include evidence that you are a U.S. citizen. Type of documents that prove your citizenship can be any of the following:

  • Copy of U.S. Passport
  • Copy of Birth Certificate
  • Copy of Naturalization Certificate

Photos

You need to include with the petition two passport-style photographs, one of you, and one of your fiancé. For information on what qualifies as a passport style photo, visit here: Passport Photos

Criminal Record Requirements

If you as the U.S. petitioner have a conviction for a category of crime which includes things like violent crime, sexual assault, domestic violence, or stalking, (regardless if the record was expunged, sealed, or cleared) then you must provide the following with your petition:

  • Certified copies of all court and police records showing the charges and disposition for every arrest or conviction.
  • Information that explains the circumstances, places, dates, and outcomes for each incident.

The criminal record requirement is multi-faceted and requires you pay close attention to fulfilling its requirements completely and accurately.

For complete information about criminal record, crimes, and convictions in obtaining the K-1 visa, see here: Form I-129F Instructions under the heading: Item Numbers 1. – 3.c. Criminal Information.

*Note:

Your criminal record and criminal documentation will be passed down to your fiancé at the visa interview by the interviewing agent.

It is in your best interest to discuss any convictions you’ve previously received with your fiancé ahead of time so that they are not surprised during the visa interview by what they will discover.

Step 3 – Wait for Petition Approval

After the USCIS receives your petition they will verify it, and if everything is accurate, approve it. After the petition is approved they will send it to the National Visa Center (NVC).

The NVC will then provide you with a unique case number, and send your petition to the U.S. Embassy or Consulate where your fiancé lives. In our example, they will send it to the U.S. Embassy in Bucharest, Romania.

The NVC will also mail you a letter after it sends your petition to the U.S. Embassy or Consulate. The letter will provide information on the next steps you and your fiancé will have to take to complete the K-1 visa process.

If the USCIS denies your petition, they will mail you a letter stating the reasons why it was denied.

Step 4 – Gather Required Documents

While you wait for your petition to be approved, you can start gathering the documents your fiancé will be required to take with them to the visa interview. The documentation they will need is as follows:

  • Completed and printed out confirmation page of Form DS-160.
  • Passport valid for travel to the U.S.
  • Divorce or death certificate(s) of any previous spouse(s) for both the petitioner and the fiancé.
  • Police certificates from fiancé’s present country of residence and all countries where they’ve lived for six months or more since age 16.
  • Medical examination completion and documentation.
  • Evidence of financial support (Form I-134) filled out by the petitioner.
  • Two photographs that meet the: Photo Requirements
  • Evidence of relationship with the fiancé. The type’s of evidence that shows your relationship to the fiancé are things such as the documents described in: Accompanying Documents to Submit with Form I-1295

Medical Examination

Before your fiancé conducts the visa interview, they must first have a medical examination carried out by an authorized panel physician.

For complete information on finding out who qualifies as an authorized physician in your fiancé’s country, where, when, and how to have the medical examination carried out, and everything else required for the medical examination, visit and read the: Medical Examination in our guide to obtaining a visa for a foreign spouse.

*Note: The medical exam requirements are exactly the same for a K-1 fiancé visa and a CR1/IR1 spouse visa EXCEPT for the fact that Vaccination Requirements are optional for the K-1 visa.

Vaccinations

As mentioned above, K-1 nonimmigrant visa applicants are not required to have vaccination records for the required vaccinations an immigrant visa applicant is required to have. However, upon getting married and “Adjusting Status” to obtain a green card in the U.S. the fiancé (who at that point will be a spouse) will be required to have all the required vaccinations.

For a K-1 visa, it is thus your choice of whether to have the vaccination requirements fulfilled by your fiancé in their residing country during their medical examination or after they’ve entered the U.S. and before they’ve adjusted their status to permanent resident (green card holder).

Financial Support Affidavit Form I-134

The next step requires that you prove you have the financial ability to support your fiancé in the U.S. and that the fiancé will not become a public charge. You do this through the completion of Form I-134 and the obtaining of the required financial proof documents.

The process in proving you have the financial ability to support your fiancé during the obtaining a K-1 visa procedure is similar to the way it’s proved during the procedure in obtaining a CR1/IR1 visa for a foreign spouse.

There are of course a few notable differences in the process for the different visas.

CR1/IR1 – Spouse Visa

  • Requires petitioner income meet or exceed 125% of the U.S. poverty guidelines
  • Requires petitioner fill out a Form I-864 (or variant)
  • Requires a family member fill out Form I-864A if combining income with the petitioner
  • Requires a joint sponsor to ALSO fill out a Form I-864

K-1 – Fiancé Visa

  • Requires petitioner income meet or exceed 100% of the U.S. poverty guidelines
  • Requires petitioner fill out a Form I-134
  • Does not, have the option to combine income with a household member
  • Requires you AND the joint sponsor to fill out a Form I-134
  • Might not be allowed the use of a joint sponsor (at consular officer’s discretion)

Visit the following FAQ link: for a complete overview on the differences between Form I-134 and Form I-864

To see all the required steps and options for the financial support process, visit our guide on the: Affidavit of Support Form Process for a CR1/IR1 Visa and read the information under the following: Step 6, Step 6a-1, and, Step 6a-2.

*Note: Everything that applies in that guide for the financial affidavit of support process for a spouse visa, also applies to the financial affidavit of support process for the K-1 fiancé visa, EXCEPT:

  • You need to qualify for 100% of the U.S. poverty guidelines, not 125%
  • If you use a joint sponsor, they fill out a separate Form I-134, not I-864A
  • You do NOT have the ability to combine income with a household member (cosponsor)
  • The consular officer who conducts the visa interview might not allow the use of a joint sponsor

See also: the above-mentioned differences.

When you have completed Form I-134, and gathered the required financial proof documents, you must provide them to your fiancé who will then take them to the fiancé visa interview.

Additional U.S. Embassy or Consulate Requirements

Each foreign country U.S. Embassy or Consulate might have specific requirements for obtaining the K-1 visa. To check for any additional requirements, visit this List of U.S. Embassies and Consulates page, and select the Embassy/Consulate where your foreign fiancé lives.

For example, Romania has one U.S. embassy which is found on the list under Bucharest (BCH). Clicking that link will take you to the Bucharest, Romania U.S. embassy page which contains various information about the visa obtaining process for the Bucharest, Romania U.S. Embassy.

Step 5 – The K-1 Visa Interview

After the U.S. Embassy or Consulate in your fiancé’s country receives and processes the petition you submitted in step 2, they will notify you of a visa interview date. The date will typically be 30 days in advance from the day you receive it.

Your fiancé will be required to show up on time to the U.S. Embassy or Consulate with the required documents discussed in previous steps. The fiancé will then be called into a private room where they will be interviewed and asked questions by an immigration agent.

The type of questions which will be asked will vary. The type of questions the fiancé will be asked can include questions about the information filled out on the documents, questions about the relationship with the U.S. fiancé (you), and other various questions.

Some sample questions are listed below:

  • What does your fiancé do for a work?
  • What are the names of your fiancé’s parents?
  • Where in the U.S. do you plan to live?
  • Is your fiancé religious? If so, what religion?
  • Why do you want to immigrate to the U.S.?
  • Does your fiancé have any brothers or sisters? What are their names?
  • What do you admire about your fiancé?

The above are just a small sample of the broad amount of various different questions that can be asked. It’s best for your fiancé to go into the interview prepared knowing as much detail about your history, family history, work history, living history, and daily life events as possible.

Step 6 – The K-1 Visa

After the interview, you are either approved, or denied for the K-1 visa. If you’ve followed all the steps in this guide the probability of your approval is almost guaranteed, however, if for some reason you were denied the visa you have a few options.

K-1 Visa Denied

If your fiancé was denied a K-1 visa at the interview it could be because of any of the following reasons:

  • The consular officer didn’t believe the relationship was “bona fide” (real love) based on all the evidence he’d seen and the interview.
  • The fiancé was missing a key document(s) mentioned in the previous steps of this guide.
  • The fiancé answered negatively to important questions at the visa interview, such as: “yes” to possible questions like “are you a terrorist?”

If the K-1 visa is denied you have a few options:

  • You can pay the $630 fee and file Form I-290B as an appeal.
  • You can start the K-1 visa process over, making sure you do everything correctly this time and don’t leave any doubt that your relationship is legitimate.
  • You can get married in your fiancé’s foreign country and then Apply for a CR1 Spouse Visa

K-1 Visa Approved

If your fiancé’s K-1 visa gets approved it will be placed inside a page in your fiancé’s passport. Your fiancé will also be given a sealed packet which will contain all of the civil documents submitted, as well as other documents prepared by the U.S. Embassy or Consulate. DO NOT OPEN THE ENVELOPE.

With the K-1 visa and sealed envelope in their possession, the fiancé can now travel to the U.S. if it’s done within 6 months of obtaining the visa. Once in the U.S., you have 90 days to marry the fiancé or else the visa becomes invalid and they have to return to their country of origin.

For more information about what your fiancé should do upon arriving in the U.S. read our guide on Steps to take after Immigrating to the U.S. 

Guide Resources

The below resources provide more information about the steps required to obtain a K-1 fiancé visa.

Nonimmigrant Visa for a Fiancé
Visas for Fiancé of U.S. Citizens

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