A U.S. citizen may petition to bring a fiancée (and that person’s children) to the United States in K 1 visa (nonimmigrant visa)status for marriage. The U.S. citizen must establish that the parties have previously met in person within two years before the date of filing the petition, have a bona fide intention to marry, and are legally able and actually willing to conclude a valid marriage in the United States within 90 days of admission. Section 214(d)(1) of the Act, 8 U.S.C. § 1184(d)(1).
Eligibility Requirements for the Petitioner
The U.S. citizen petitioner must demonstrate the following:
- Personal Meeting Requirement
The petitioner and the fiancée must have met in person at least once within the two years immediately preceding the filing of the petition. Exceptions to this requirement may be made in cases where:- A meeting would violate strict cultural, religious, or social practices.
- Meeting would cause extreme hardship to the petitioner.
In such cases, the petitioner must provide evidence explaining why the meeting could not occur.
- Bona Fide Intention to Marry
Both parties must demonstrate a genuine intention to enter into a valid marriage. This intention should be supported by evidence such as:- Affidavits from the couple and third parties.
- Engagement announcements, photographs, or correspondence.
- Documentation of wedding preparations.
- Legal Capacity to Marry
The petitioner and the fiancée must both be legally free to marry. Any prior marriages must have been legally terminated through divorce, annulment, or death of a spouse. - Willingness to Marry Within 90 Days of Admission
The parties must commit to concluding a valid marriage in the United States within 90 days of the fiancée’s admission under the K-1 visa.
Burden of Proof
The petitioner bears the burden of proof to establish eligibility by a preponderance of the evidence. This standard requires the petitioner to show that it is more likely than not that all eligibility criteria have been met. Evidence submitted must be credible, relevant, and sufficiently detailed to support the claims made in the petition.
Evidence to Include in the Petition
The following are examples of evidence that can support a K-1 petition:
- Proof of U.S. Citizenship: A U.S. passport, birth certificate, or certificate of naturalization.
- Proof of Meeting Requirement: Travel itineraries, boarding passes, photographs together, or dated correspondence indicating in-person interaction.
- Proof of Bona Fide Relationship: Communications such as emails, chats, letters, or phone records; engagement rings or gifts exchanged; affidavits from friends and family.
- Proof of Legal Capacity to Marry: Divorce decrees, annulment certificates, or death certificates of prior spouses, if applicable.
- Intent to Marry: Statements from both parties and evidence of wedding planning or preparations.
Failure to provide sufficient evidence may result in the denial of the petition. Moreover, the petitioner should ensure that the application is complete and meets the requirements, as any inconsistencies or omissions may lead to delays or rejection.
Upon approval of the petition, the foreign fiancée may apply for the K-1 visa at a U.S. embassy or consulate, undergo a medical examination, and attend an interview. If granted, the K-1 visa holder can travel to the U.S. and must marry the petitioner within 90 days of arrival to maintain lawful status and proceed with further immigration processes.
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