If you are Not Married Yet… and your spouse(US citizen) is in the United States,
What document you will need to file K1 visa application?
Petition for an alien fiancé
During this stage, USCIS will want to see who you are and who your fiancé is. Therefore, the US citizen petitioner’s birth certificate, US passport (if available), the foreign-national fiance’s passport, birth certificate and foremost importantly, proof that you and your fiancé have met in person within last two years.
List of Documents Needed For The Process of Application Of K1/K2
- Proof of citizenship for the U.S. citizen fiancé(e)
- Copy of sponsored fiancé(e)’s passport
- Evidence of terminated marriages, where needed
- Proof of meeting within 2 years of applying
- Evidence of legal name change, where applicable
- Sworn statements and evidence from both partners indicating their intent to marry and attesting to the legitimacy of their relationship
- A copy of Form I-94 arrival-departure records, if applicable for sponsored fiancé(e)
- Evidence supporting International Marriage Broker Regulation Act (IMBRA) waiver, if applicable
- One passport-style photo for each fiancé(e)
- Two passport-style photos for the sponsored fiancé(e)
- Birth certificate for the sponsored fiancé(e)
- Valid, unexpired passport for sponsored fiancé(e)
- Police clearance obtained from countries where the sponsored fiancé(e) lived for more than 6 months, including their country of residence
- Sealed medical exam issued by approved physician, obtained by sponsored fiancé(e) in their country of residence
- Affidavit of Support (Form I-134), submitted by U.S. citizen fiancé(e)
- Most recent tax returns of the U.S. citizen fiancé(e)
Wedding has to occur within 90 days from the date you entered the U.S in K1 visa
Upon your arrival to the US in K1 visa, you have only 90 days to legally married to the US spouse. Formal wedding ceremony is not required in every case, but you must register your marriage and apply for marriage certificate within the 90 days-time window. Otherwise, you will have to leave for your country.
K-3 Visa (Non-immigrant Visa)
You are married to a US citizen, but currently outside the U.S
K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition.
K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa. It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place.
Comparison of K visas
|Type of K visa
|Documents to be filed
|US citizen Fiancé(e)
|Foreign national fiancé(e)
|I-129 F, DS-160 and I-1485 and others
|Children of K1 applicant
|US citizen spouse
|Foreign national spouse
|I-130 and I-129F, DS-160 and I-485 and others
|Children of K3 applicant