Originally K type fiancé visas were only used for the purpose of allowing a foreign citizen to come to the USA to marry a U.S. citizen. However, because of changes in the law in the year 2000, the K visa has expanded to cover the non-citizen spouses, fiancé’s, and children of U.S. Citizens to live in the United states while waiting for permanent residence to be approved. Interestingly, there is not just one type of K visa. There are four types you may be eligible to apply for depending on your circumstances and the status of your relationships.
When a U.S. citizen is engaged to a foreign national residing in outside of the United States, the K-1 Fiancé Visa allows the fiancé to enter the United States as Non-immigrant. Once admitted as a K-1, the marriage must take place within 90 days. Once the marriage is legally valid then the couple can apply for adjustment of status for the foreign national spouse. The process begins with filing a K-1 petition with the United States Citizenship and Immigration Services. The USCIS requires you to show proof of your eligibility.
You MUST show the following:
The following documents are filed with USCIS as the first stage of the K-1 fiancé visa process
A waiver of the in person meeting requirement can be requested under special circumstances. If requesting a waiver, one must include a detailed explanation and evidence that compliance with the in-person requirement would result in Extreme Hardship to the petitioner or show that compliance would violate strict and long established custom or practice of the beneficiary’s foreign culture. 8 CFR Section 214.2(k)(2)
*Ditrani, Leslie Tuttle. (2015) Obtaining a Fiancé Visa: How to File a K-1 Petion : American Immigration Lawyer Association (Cambridge, MA)