Under U.S. immigration law, a foreign-citizen fiancé(e) of a U.S. citizen is the recipient of an approved Petition for Alien Fiancé(e), Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé(e). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.
In general, the foreign-citizen fiancé(e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé(e), or, for example, if it is contrary in the U.S. citizen sponsor’s or foreign-citizen fiancé(e)’s culture for a man and woman to meet before marriage.
Detailed information about IMBRA requirements is contained in the Form I-129F, Petition for Alien Fiancé(e), instructions.
Once the U.S. Embassy or Consulate where you, the foreign-citizen fiancé(e), will apply receives the petition from NVC, it will provide you with specific instructions, including where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.
Eligible children of K-1 visa applicants may apply for K-2 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.
You, the foreign-citizen fiancé(e), (and eligible children applying for K-2 visas) will be required to bring the following forms and documents to the visa interview:
K Visa applicants applying at U.S. Consulate General Montreal and U.S. Consulate General Ciudad Juarez have different application form requirements. Review information on the U.S. Consulate General Montreal or U.S. Consulate General Ciudad Juarez website to learn which forms you must complete.
Note: The Consular Officer may ask for additional information, such as photographs and other proof that the relationship with your U.S. citizen fiancé(e) is genuine. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview clear, legible photocopies of civil documents and translations, such as birth and divorce certificates. Original documents and translations will be returned.
In preparing for the interview, applicants will need to schedule and complete a medical examination. Before the issuance of an immigrant or K visa, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. You will be provided instructions regarding medical examinations from the U.S. Embassy or Consulate where you will apply for your visa, including information on authorized panel physicians. See Medical Examination for more information, including a list of panel physicians by country, and frequently asked questions.
K visa applicants are encouraged to get the vaccinations required under U.S. immigration law for immigrant visa applicants. Although such vaccinations are not required for K visa issuance, they will be required when adjusting status to that of legal permanent resident following your marriage. Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination. See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional information.
During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).
The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.
No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.