The following are general requirements for the K-1/K-2 visa. Aside from meeting these general requirements, there is also documentation that must be submitted by the U.S. citizen, as well as the alien fiancé/fiancée and the child/children of the alien fiancé/fiancée to establish that the relationship between the engaged couple exists.
K-1 Visa Requirements of the U.S. Citizen:
- You need to be a US citizen to apply for your fiancée as a K-1. If you are a legal permanent resident, you cannot file a petition to bring your fiancé/fiancée to the United States.
- You must intend to marry your alien fiancé/fiancée within 90 days after he/she enters the United States. After 90 days have lapsed, the K-1 visa will no longer be valid and your fiancé/fiancée will be considered “out of status”.
- You must be legally free to marry. This means that you are single, you have proof of annulment or divorce from any other previous spouse or proof that your previous spouse has passed away.
- You must have met your fiancé/fiancée at least once within the past two years (unless you meet one of the exceptions outlined in the special K1/K2 visa scenario section).
- You must prove that you can support your beneficiary financially.
- You must submit a copy of your criminal record if you had been convicted for a crime or crimes.
Requirements of the Alien Fiancé/Fiancée:
- You must be living outside of the United States in order to qualify for a K-1 visa.
- You must be free to marry. This means that you are single, have proof of annulment or divorce from any other previous spouse or proof that your previous spouse has passed away.
- You must have met your fiancé/fiancée at least once within the past two years (unless you meet one of the exceptions outlined in the special K1/K2 visa scenario section).
- You must not have any record of past violations regarding U.S. immigration law. For instance, if you previously stayed in the United States, and for whatever reason, were “out of status” this could affect your K-1 application.
K-2 Visa
Qualifications for the Child/Children of an Alien Fiancé/Fiancée
- In order to qualify for a K-2, you must be the child of the K-1 holder. If you are adopted, there might be certain conditions on your application.
- You must also be less than 21 years of age and unmarried.
- You must not have any record of past violations regarding U.S. immigration law. For instance, if you previously stayed in the United States, and for whatever reason, were “out of status” this could affect your K-2 application.
- Once you reach the United States, the general rule is that you have until you are 21 years of age to adjust your status. However, there are certain exceptions to “aging out”. Please see the FAQ section for more information regarding this matter.
(Updated 10/12/2012 by AD)
For more information on how to obtain a K-visa, please click on the following links: