Getting a K-1 Fiancé Green Card Visa

In order to qualify for a K-1 Fiancé Green Card Visa, the United States citizen has to prove:

1.  The intention of the foreign national fiancé and the United States citizen to marry.  Proving this intention takes the form of evidence.  For example, cards and letters between the happy couple are good evidence of the intent to marry.  A contract for a reception hall for the wedding is also good evidence, as is other contracts, such as a caterer and a photographer.

2.  That the United States citizen and the foreign national fiancé have in fact met in person within the last two (2) years.  Proving that the happy couple has met in person within the last two (2) years is also fairly easy.  Copies of airline tickets, hotel bills and photographs of the happy couple are all good evidence to establish that they have in fact met as required by the Immigration and Naturalization Act and the Code of Federal Regulations.

3.  That both the United States citizen and the foreign national fiancé are legally capable of entering into a marriage.  In other words, each of the couple is old enough to marry.  Additionally, neither one of them are currently married to someone else.

Getting a K-1 Fiancé Green Card Visa is nowhere near as easy as it seems, or as it should be!  It is a long and sometimes frustrating process that involves Consular Processing.

A K-1 Fiancé Green Card Visa application is a multi-step process.  This process starts with the United States citizen’s submission of a Fiancé Visa Petition.  Once that petition is approved by the United States Citizenship and Immigration Service, the file gets transferred to the National Visa Center to be forwarded to the alien fiancé’s home country for Consular Processing.

Once the K-1 Fiancé Green Card Visa is obtained, the marriage has to take place inside the United States within ninety (90) days.  However, as a practical matter, the marriage itself will have to occur much faster than ninety (90) days in order to apply for the Marriage Green Card via Adjustment of Status due to the need of obtaining the Marriage Certificate on time.