An applicant for a K-1 Visa needs to satisfy several basic requirements in order to obtain such visa. Some of these requirements must be satisfied either by the applicant, the United States citizen-petitioner or both of them.
However, full compliance of the requirements does not automatically connotes approval as the consul officer has to study them carefully and another is that approval also relies on the answers that the applicant will provide during interview.
- American citizenship is essential in petitioning a love one with a K-1 Visa. This means to say that green card holders or permanent residents are not allowed to petitioner their fiancé(e).
- A personal meeting between the fiancée and the petitioner within the past two years is important too otherwise the absence of proof for such may prove detrimental to the petition.
However, exceptions for this may apply like meeting in person would violate a strict religious or cultural practice.
- There should be enough evidences that would prove the relationship between the petitioner and the foreign fiancée. Pictures and travel receipts among others can be used as evidences of a genuine relationship.
- A medical examination is also essential on the K-1 Visa thus the fiancée needs to submit herself for such with the designated medical practitioner and medical facility.
- Both the applicant and the petitioner must have no criminal records. Police certificates are needed from every country which has been a place of residence of the fiancée for at least six (6) months after her sixteenth (16) birthday.
If there is an accompanying child aged above 16 years old then he will be required with the same.
- Both the fiancée and the petitioner must be free from any marital commitment thus evidence of it is required such as: divorce certificate or death certificate (in case the previous spouse has since passed away).
- The fiancée must not have broken any United States immigration laws therefore if she has been previously granted with a US Visa but has violated it (i.e. staying in the US more than she was allowed to) can mean a denial for her entrance in the country again.
- The petitioner must be able to demonstrate that he meets the financial requirement by providing proof that he has an income at or above 125% the poverty line (this can increase accordingly) to support himself and his fiancée.
If the petitioner cannot be able to prove it by means of his income then the USCIS would assess whether he has the capacity to support by means of assets such as stocks, bonds, bank accounts, real estate and businesses owned by him.
- There must be a genuine purpose for both of them to get married within 90 days beginning on the date of entry of the fiancée to the United States.