The immigration requirements for a K1 Visa are simple but firm:
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The petitioner must be a United States citizen. Legal Permanent Resident “Green Card” holders of the U.S. are not allowed to obtain a K1 Visa for their foreign fiancee.
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Both the petitioner (U.S. citizen) and the beneficiary (foreign fiancee) must be free to marry. This means that if either has been previously married he or she must be either divorced or widowed, or else the marriage must be legally annulled.
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The petitioner and foreign fiancee must have the intent to marry within 90 days of the foreign fiancee’s arrival in the U.S.
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The petitioner and foreign fiancee must have met in person within two years prior to filing the fiancee visa petition with the U.S. Citizenship and Immigration Services (the USCIS and formerly the "INS" - Immigration and Naturalization Service ). There is a hardship waiver available for this requirement, but it is extremely difficult to obtain. The fact that the petitioner is too busy with his work, children, sick parent, etc. will not be adequate to obtain the waiver. To qualify for a waiver, most often there is a medical condition that prevents the US citizen from international travel.
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The U.S. citizen petitioner must meet a minimum income requirement that is the poverty level set by Congress every February. The current requirements are listed below:
2009/2010 Poverty Guidelines
Size of
Family Unit |
48 Contiguous
States and D.C. |
Alaska |
Hawaii |
| 1 |
$10,830 |
$13,530 |
$12,460 |
| 2 |
14,570 |
18,210 |
16,760 |
| 3 |
18,310 |
22,890 |
21,060 |
| 4 |
22,050 |
27,570 |
25,360 |
| 5 |
25,790 |
32,250 |
29,660 |
| 6 |
29,530 |
36,930 |
33,960 |
| 7 |
33,270 |
41,610 |
38,260 |
| 8 |
37,010 |
46,290 |
42,560 |
| For each additional person, add |
3,740 |
4,680 |
4,300 |
* 2009 poverty guidelines have been extended at least through March 31, 2010.
If the petitioner cannot meet these requirements he is allowed to use a co-sponsor who does meet them. The co-sponsor’s income must meet the requirement for a number of dependents that includes himself, the petitioner, each of their immediate family members, the foreign fiancee and any children of the fiancee who will be receiving a K2 visa and coming to the U.S. In addition, any children for which either the co-sponsor or petitioner is paying child support and any fomer spouse for which he is paying alimony also count as dependents.
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The foreign fiancee must pass a medical exam at a clinic approved by the U.S. Consulate that is processing the fiancee visa application. The fiancee must not have any type of communicable disease or serious mental illness.
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The foreign fiancee must also not have a criminal record. Some arrests and/or convictions are exempt from this requirement. If this is a concern in your situation you should consult an immigration attorney experienced with fiancee visas before proceeding further.
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