K-1 - K2 – Fiancé Visas

The K-1 Visa is only available to citizens of the United states, lawful permanent residents do not qualify for this visa. The couple must prove that they are in a valid relationship, having met at least once in person within two years, subject to some exceptions. (Extreme hardship, religious or societal customs). Both partners must sign a sworn document describing the nature of their relationship and intention of getting married within 90 days of the foreign fiancé entering the United States. The K-1 may not be extended beyond the 90-day window.  

The K-1 Fiancé Visa has a minimum and stable income requirement. In general, to be successful on the application, the United States citizen must prove that his or her gross income is at least 100% of the federal poverty guidelines. 2022 HHS Poverty Guidelines for Affidavit of Support | USCIS. Unemployment earnings are included in the total income, however long-term unemployment can indicate instability. The type of work will also matter. For example, permanent full time job is seen as more favorable than short term contract work.  

A common question applicant often have is should they apply for a K-1 (non-immigrant) fiancé visa or a marriage based visa. The answer varies depending on the situation. The K-1 is the faster, easier and cheaper route. If the objective is to get to the USA as fast and cost effective as possible the K-1 fiancé would likely be the better option. If the objective is to get lawful permanent resident status (green card) then a marriage-based visa is probably the better choice.  

We can help you decide. To further discuss your options, you may contact us.

The K-1 and K-2 Visa status automatically expiries in 90 days and cannot be extended. If the marriage between the United States citizen and the foreign fiancé does not take place within 90 day window of the K-1 holder entering the United states, the K-2 visa holder must depart the United States within another 30 days.

The unmarried dependent child may join their parent with a K-2 visa when the parent first enters the United States or join the parent within 12 months of the K-1 Fiancé visa being issued. If you are interested in applying for a K-1 or K-2 Visa or would like further to discuss any other immigration matters, you may contact us.