K1 visa requirements:

K1 visa requirements are seemingly simplistic, however, you must ensure that you meet all necessary criteria before the initiation of the fiance visa process.

Every United States Citizen has a legal right to petition for his fiance abroad and bring her to the United States for the purposes of marriage and permanent relocation. In order to accomplish this - the k1 visa petition must be filed along with supporting documents with the United States Citizenship and Immigration Services Service Center. As a Petitioner you do need to ensure that you select the Service Center that has jurisdiction over the place of your residence in the US. This k1 visa petition will classify your fiance as k1 visa beneficiary.

The first major K1 visa requirement is that both parties must be eligible to marry in the petitioner's state of residence. Both parties must be of legal age and must be free to marry, which means that all prior marriages must be terminated and both parties must not be married to each other. It is crucial for an application that both the petitioner and the beneficiary have solid intention to marry upon fiancee's arrival to the United States. The Defense of Marriage Act forbids the issuance of the fiance visa for the same sex partners, even if the same-sex marriage is allowed in your state of residence.

The second major k1 visa requirement is that the petitioner must establish to USCIS that both parties have physically met within two years prior to the initial filing of the application. You must provide a primary and collateral evidence of your meeting. An inability to establish this category with the initial filing may potentially result in significant delays or even a denial of the case. If the application is denied - USCIS will have no prejudice towards your new application. The requirement of a physical meeting may be waived in certain circumstances, however, these circumstances are extremely limited and proving the eligibility for a waiver is difficult. Once the foreign fiance enters under a K1 visa - she/he must marry the petitioner within 90 days of arrival. The application for a permanent resident status must be filed immediately after the marriage.

To meet the financial fiance visa requirement the petitioner must have an annual income above the 125% of a poverty line. The evaluation of a financial capacity to serve as a sponsor is complex and includes the consideration of several major aspects such as: income for the most recent year, income for the current year and assets of the petitioner. If you are currently employed and your annual income is above 125% of the poverty line and the adjusted gross income for the most recent year is in accordance with the requirement - most likely you will qualify to serve as a sponsor for an application. In case your income does not meet the requirements - you will need to secure a cosponsor that does. Also, the assets (stocks, bonds, real estate) may be relevant for the purposes of meeting the financial requirement.