What Supporting Document Do You Need for a K-1 Fiancé(e) Visa?

For US citizens, the K-1 fiancé(e) visa is the best option for bringing their foreign fiancé(e) legally to the United States and establishing their lives together. It provides a direct method of getting a foreign national to the US swiftly if you have all the documents and evidence relating to the relationship. Call Kats Immigration Law today and find out how a K-1 visa can reunite you with your loved one. Our immigration attorney, Alina Kats, guides you every step of the way. She helps you achieve your immigration goals successfully by carefully preparing your application and ensuring all the supporting documents add value to your case.

The K1 visa is the first step for bringing a US citizen and their foreign fiancé together in the United States. It offers couples, including LGBTQ+ couples, a chance to build a life together as they navigate the complex immigration laws. This visa plays a significant role in helping a US citizen sponsor their loved one and offers them a secure and well-defined path to marriage and permanent residency.

The process of applying for a K-1 fiancé(e) visa begins with the US citizen filing a petition. Once this petition is approved, the foreign fiancé can apply for a visa and attend a consular interview. After their visa is approved, the foreign fiancé can travel to the United States and marry their US citizen partner within a given time. After getting married, the foreign national can apply for a green card through adjustment of status process and become a lawful permanent resident. It is important to note that green card holders cannot apply for a K-1 fiancé(e) visa.

Read on to learn more about the eligibility criteria for a K-1 visa and what supporting documents both partners will need to provide to the USCIS to ensure a smooth and swift K-1 visa application process.

Who Is Eligible for a K-1 Visa?

A couple is eligible for a K-1 fiancé(e) visa if they fulfill the following conditions:

• Both are legally free to marry and have no existing relationships
• They intend to marry within 90 days after the foreign fiancé(e) reaches the United States
• They have met in person at least once in the last two years
• They have proof of a genuine relationship

Documents you need before filing the case
To apply for a K-1 visa, both the US citizen filing the petition and the foreign fiancé(e) must submit documents that show the authenticity of their relationship and prove their eligibility. It is best to take some time and plan carefully to prevent delays or rejection.

What you need:

• Proof of meeting within the last two years: Required unless exempt due to cultural, religious, or social norms. If exempt, include a written explanation with supporting evidence.
• Photographs together: Include 10–15 stamped or time-stamped photos of you and your fiancé(e) throughout the time you’ve been together. The more, the better.
• Photos with friends and family: Show that your relationship is meaningful and serious by including pictures with each other’s close ones.
• Proof of shared time: Include boarding passes, travel itineraries, hotel receipts, restaurant bills, or store receipts to document visits and time spent together.
• Communication records: Provide evidence of ongoing contact, such as phone call logs, text message screenshots, chat histories, or emails.
• Written statements from family and friends: Signed and notarized letters from people who can confirm the authenticity of your relationship can support your application.

Supporting Documents When Filing the Petition

After you have gathered the evidence-based documents, it is time to start preparing for filing the petition. For this, you will have to file Form I-129F, the Petition for Alien Fiancé(e), also known as the Fiancé Visa Petition, with the USCIS.

You will have to provide supporting documents and a cover letter with the form as well.  In case the documents are not in English, you will have to get them translated from a certified source. You or your fiancé(e) cannot translate these documents yourself.

You will be required to submit the following documents with Form I-129:

Evidence that the sponsoring fiancé(e) is a US citizen

The US citizen filing the petition will have to provide evidence of their status. It can be their birth certificate, naturalization or citizenship certificate issued by the USCIS, Form FS-240, their passport, or an original statement from a US consular officer verifying their citizenship.

Evidence That Both Fiancé(E) Are Free to Marry

If any of the parties were involved in previous marriages, they will need to show a divorce decree, an annulment order, or a death certificate for the deceased spouse.

Other evidence includes:

• Recent passport-style photographs: Colored photos of both the U.S. citizen and the foreign fiancé(e), taken within 30 days of filing the petition.
• Legal name change documents: If either fiancé(e) has legally changed their name, include official evidence of the name change.
• IMBRA waiver evidence: If applicable, provide supporting documents for an International Marriage Broker Regulation Act (IMBRA) waiver.
• Form I-94 arrival/departure records: Copies of all I-94 records received by the sponsored fiancé(e) over the years.
• Sworn statements from both fiancé(e)s: Each must submit a signed statement describing their relationship and confirming their intent to marry within 90 days of the foreign fiancé(e)’s arrival in the U.S.
• Proof of having met in person: Evidence that both parties have met at least once in the last two years before filing. If not, provide a written explanation with valid, acceptable reasons.

Filing Fee

When you submit your petition to the USCIS, you will also have to pay the I-129F filing fee. You can pay this fee through money order, personal check, or cashier’s check made payable to the US Department of Homeland Security.

Ds-160 Supporting Documents

After the Petition for Alien Fiancé(e) is approved, filing the Form DS-160 is another requirement for securing the K-1 visa. DS-160 is the Online Nonimmigrant Visa Application form, and you will need a printout of the confirmation page to bring for the visa interview.

Other supporting documents the sponsored fiancé(e) must produce include:

• Valid passport: Must be current and not expired.
• Birth certificate: Issued by a government agency in the country of birth.
• Proof of termination of previous marriages: Official divorce or death certificates, if applicable.
• Police certificates: From the current country of residence and any country where they have lived for more than six months since the age of 16.
• Sealed medical examination records: Provided by an approved physician.
• Two passport-style photos: Must meet official U.S. visa photo requirements.

Documents from both fiancé(e) include:

• Proof that the sponsored fiancé(e) will not become a public charge: This includes supporting documents such as tax returns, recent pay stubs, and bank statements from the sponsored fiancé(e).
• Proof of financial support from the U.S. citizen fiancé(e): The U.S. citizen must also provide tax returns, pay stubs, and bank statements to demonstrate they meet the income requirements.
• Evidence of intent to marry within 90 days: Bringing a copy of the I-129F petition package to the consular interview is one of the best ways to demonstrate the couple’s intention to marry within the required timeframe.

You must not provide original documents unless the embassy or consulate handling your case asks you to. If you are submitting documents in a foreign language, it is essential to provide a full English translation with them.

Remember, if you fail to submit the required documents and evidence timely, USCIS may reject your application so make sure to verify you have everything to file the petition. If, for any reason, the primary documents are not available, you can submit a statement from the issuing civil authority.

Immigration laws are difficult, and navigating them on your own can be tough, especially when there is so much paperwork and documents involved in the process. Alina Kats focuses on making the K-1 fiancé(e) visa process easy and helps you every step of the way to bring your loved one closer to you. She understands immigration laws and policies really well and has years of experience filing petitions successfully. Alina provides personalized guidance to ensure you overcome the challenges and turn your dream of living a happy, secure life with your loved one into a reality.