VISA
An Overview of the K-1 Visa for International Marriages
What is a K-1 Visa?
The K Visa category was established during the Vietnam war era. Government Infantry troops, known as GI’s, who wished to marry Vietnamese citizens encountered problems with immigration protocols then.
The non-US citizen’s fiance would need to obtain an exit visa from the Vietnamese government and an immigrant visa from the US Embassy. The application and approval of these documents were very time-consuming, together with other requirements like medical, police, and civil administrative clearances.
By the time the foreign national partner complied with all the requirements for approval, the GI would already be back in the United States. The foreign partner would then be ineligible to apply for a visitor visa, and immigrant visa numbers would also be unavailable. About a hundred American-Vietnamese couples were in this limbo that the Kafkaesque situation prompted a congressional intervention.
With the amendment of the Immigration and Nationality Act of 1952, they created the K Visa category.
The K1 visa category, colloquially known as the fiance visa, allows the US citizen fiance to petition a loved one to immigrate to the USA. They can petition for immigrant visas if they are already married. But for cases where a marriage is not allowed in the foreign country even though there are no legal impediments in the United States; or if the couple simply wishes to have the ceremony in the US, the K-1 visa comes in very handy.
The K-1 visa requires the foreign partner to marry the US citizen petitioner within 90 days of entry. Otherwise, they would be required to leave the United States. After the marriage, the foreign citizen can adjust their status to become a lawful permanent resident (green card holder) and eventually full citizenship.
Although the K-1 visa is considered a non-immigrant visa (which is why it is much easier to obtain compared to an immigration visa), US embassies and consulates process its application meticulously as it would often lead to immigration benefits.
Who is Eligible to Apply for a K-1 Visa?
Any foreign citizen in a genuine relationship with a US citizen may petition for a K-1 visa, provided they meet the given legal requirements. The petitioners should also meet the minimum annual income rate calculated via the HHS Poverty Guidelines to ensure that they have sufficient financial capacity to support their fiance when they get to the US.
The first and most important one is their eligibility to marry. Not just in the United States but also in the foreign partner’s home country. They have to be of legal age in both countries to satisfy this requirement. In the United States, the legal age is 18 years. The legal age for other countries will vary.
Aside from age, they must also not be married to each other or anyone else. The Philippines, for example, does not have a law on divorce. Therefore, a document known as a CENOMAR or Certificate of No Marriage is required by the US consulate to verify the eligibility of Filipino applicants.
Other documents such as medical, police, and administrative clearances should also be filed.
Proof of the legitimacy of the relationship is also needed. This can be shown through photos together, flight itineraries, and/or hotel reservations, or vacation plans together.
An intent to marry within 90 days is also required. The best way to prove this is through concrete marriage plans via venue reservations, wedding invitations, or other receipts and deposits.
Common Reasons Why Petitions Are Denied
Not all petitions will be accepted by USCIS. This is due to their strict screening against fraud marriages or immigration fraud cases.
Furthermore, petitions accepted by USCIS and forwarded to the nearest embassy or consulate of the foreign partner do not automatically mean that your foreign partner will be granted a K-1 visa.
1. Insufficient Evidence of a Genuine Relationship
We have said earlier that anyone with a genuine relationship is eligible for a K-1 visa. This is a seemingly harmless requirement but is often the reason why petitions for visa applications are denied.
Cases such as the length of the relationship, failure to provide proof of meeting within two years before the application, or no plans to marry within 90 days are just some of the common reasons why petitions are denied due to insufficient proof of a genuine relationship.
2. Failure to Meet the Minimum Income Requirement
Under immigration law, your annual income must be enough to provide for your foreign spouse when she arrives in the United States. The minimum benchmark is at least one hundred percent of the HHS Poverty Guidelines.
If you are unable to meet the income requirement, you have two options. The first is to assess the cash value of your assets. There must be at least three times the difference between your income and the HHS Poverty Guidelines.
The second option is to have a joint sponsor. A joint sponsor is an individual who is willing to take the responsibility of sponsoring you and your partner. Their annual income should be at least 125% of the HHS Poverty Guideline, and they are not required to be family members.
3. Pre-existing, Hidden, or Unresolved Criminal Records
Under the International Marriage Broker Regulation Act of 2005, all petitioners must declare their past criminal records to their foreign partner. The United States requires background checks for all marriage visa petitioners.
Reputable international marriage agencies require clients to undergo screening processes before they can meet their foreign spouses. That said, be sure to sign up for a credible company as they are safer and more reliable.
4. Ineligibility for Marriage
Eligibility for marriage is a top requirement before granting a K-1 visa. For those who have pre-existing marriage or civil liabilities and other issues related to a previous marriage, they are required to present valid documents of divorce, annulment, or death of a spouse.
Consult Experts
The average time it takes for K-1 visa petitions to be granted is around eight months. That’s a very long time, and it would be a waste if your petition gets denied because you failed to attach the necessary documentary requirements.
It’s best to consult experts in immigration laws. You can save yourself additional K1 visa costs and time.
Reputable international matchmaking companies provide legal support available to their clients. Additionally, they won’t just assist in the filing of the immigrant petition. They will do the initial assessments themselves to make sure that you qualify. If they find anything that needs to be done, they’ll tell you about it and map out steps to satisfy all requirements the government will ask from you.
It would also be wise to seek the wisdom of the couples who have gone through the entire process. Ask them all the questions you can think of. They’ve already been in your situation, they know what they’re talking about.
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