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  • Fiance Visa
    • Introduction to the K-1 Fiance Visa
    • Legal Requirements for the K-1 Fiance Visa
    • How Much It Costs
    • Why Hire Me
    • How You Can Get Started
  • Spouse Visa
    • Introduction to the Spouse Visa
    • Legal Requirements of the Spouse Visa
    • How Much It Costs
    • Why Hire Me
    • How You Can Get Started
  • Adjustment of Status
    • Introduction to Adjustment of Status
    • Legal Requirements for Adjustment of Status
    • How Much It Costs
    • Why Hire Me
    • How You Can Get Started
  • I-601 Waiver
    • Introduction to the I-601 Waiver
    • Legal Requirements of the I-601 Waiver
    • What is Extreme Hardship
    • How Much It Costs
    • Why Hire Me
    • How You Can Get Started
  • I-212 Waiver
    • Introduction to the I-212 Waiver
    • Legal Requirements of the I-212 Waiver
    • How Much It Costs
    • Why Hire Me
    • How You Can Get Started
    • I-212 Filing Locations
  • I-601A Provisional Waiver
    • Introduction to the I-601A Provisional Waiver
    • Legal Requirements of the I-601A Provisional Waiver
    • What is Extreme Hardship
    • I-601A Provisional Waiver Fee & Cost
    • Why Hire Me for the I-601A Provisional Waiver
    • How You Can Get Started on the I-601A Provisional Waiver
  • 212(d)(3) General Waiver
  • 212(h) Waiver for Crimes
  • Inadmissibility and Waivers Chart

Legal Requirements for the K-1 Fiance Visa

You must meet ALL of the requirements found below:

  • You must be a U.S. citizen.
  • The U.S. citizen and foreign fiance must be FREE to marry (i.e. all previous marriages must have been terminated by divorce, annulment, or death of the former spouse).
  • The U.S. citizen and foreign fiance must have met IN PERSON at least once in the previous 2 years (unless doing so would violate long-established customs or cause extreme hardship for the U.S. citizen).
  • The U.S. citizen AND foreign fiance must have a present INTENT to marry after the fiance visa is issued and must be willing to marry WITHIN 90 DAYS of entry into the U.S. by the foreign fiance.
  • The foreign fiance has NOT been convicted of a crime, has never entered the U.S. illegally or overstayed for 6 months or longer, and does not have a history of detentions/removal/deportations by the Department of Homeland Security (*waivers may be available for such conduct but this requires careful consultation with me beforehand).
  • The U.S. citizen fiance has filed taxes with the IRS during the previous three years, is currently employed (or self-employed), and is earning AT LEAST the minimum income level set forth by the U.S. Poverty Guidelines.  This minimum income level recommended is $25,550 for a family of two ($29,375 for Hawaii and $31,925 for Alaska) and increases by approximately $6,725 for each additional family household member or dependent of the U.S. citizen fiance.
  • The U.S. citizen fiance has NOT filed two or more K-1 fiance visa petitions at any time in the past and has NOT had a K-1 visa petition approved within two years prior to the filing of the current petition (*waiver may be available for this requirement but this requires careful consultation with me beforehand).
  • If the U.S. citizen fiance has been convicted of any of the following offenses, certified copies of all police and court records showing the charges and final disposition for every conviction must be submitted with your K-1 fiance visa petition:
    • Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.
    • Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.
    • Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act.

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Recent Posts

  • Affirmative Relief Announcement by President Biden
  • I-601 Waiver for Fraud/Misrepresentation Approved, Inadmissibility for Crimes Involving Moral Turpitude Removed, after Successful Writ of Mandamus Federal Lawsuit
  • I-601 and I-212 Waivers Approved for U.S. Citizen Spouse and Mexican Spouse currently residing outside the United States
  • 212(d)(3) Non-Immigrant Waiver Approved for B-1/B-2 Visa Applicant Charged with Fraud/Misrepresentation and Conviction of Crimes involving Moral Turpitude
  • I-601 Waiver Pursuant to INA 212(h)(1)(A) and INA 212(h)(1)(B) Approved for Israeli Applicant Charged with Crimes involving Moral Turpitude

Blog Posts on Waivers

  • 212 Waiver News
  • 212(a)(2)(A)
  • 212(a)(2)(D)
  • 212(a)(3)(D)
  • 212(a)(6)(8)
  • 212(a)(6)(C)(i)
  • 212(a)(9)(A)(i)
  • 212(a)(9)(B)(i)(I)
  • 212(a)(9)(B)(i)(II)
  • 212(a)(9)(B)(v)
  • 212(a)(D)(iv)
  • 212(d)(3) Waivers
  • 212(g) Waiver
  • 212(h) Waiver
  • 212(i) Waiver
  • 601 Waiver News
  • Adjustment of Status
  • B-1 Business Visa
  • Colombia
  • Communist Party Membership
  • Controlled Substance Violation
  • Crime of Moral Turpitude
  • Criminal Admissions
  • Criminal Convictions
  • Discretion
  • Drug Conviction
  • DUI – Driving under the Influence
  • E-2 Treaty Investor
  • Entered Without Inspection
  • Exceptional Circumstances
  • Exceptional or Extremely Unusual Hardship
  • Expedited Approval
  • Expedited Removal
  • Extreme Hardship
  • Fiance Visa
  • Fiance Visa Approvals
  • Fraud
  • Health-related Ground of Inadmissibility
  • Humanitarian Parole
  • I-192 Waivers
  • I-212 Waivers
  • I-601 Appeal with AAO
  • I-601 Waivers
  • I-601A Provisional Waiver
  • IMBRA Waiver
  • Immigrant Intent
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  • Marijuana
  • Misrepresentation
  • Nicaragua
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  • Previous Removal
  • Prosecutorial Discretion
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  • Removal Proceedings
  • Request for Evidence (RFE)
  • Romania
  • Spouse Visa
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  • Unlawful Presence
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  • Waiver Approvals
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Get Answers Now

You may request a Free Immigration Consultation.

Check Out Our Client Reviews

Read what people like you are saying about us on Facebook in our Client Testimonials.

Recent Posts

  • Affirmative Relief Announcement by President Biden
  • I-601 Waiver for Fraud/Misrepresentation Approved, Inadmissibility for Crimes Involving Moral Turpitude Removed, after Successful Writ of Mandamus Federal Lawsuit
  • I-601 and I-212 Waivers Approved for U.S. Citizen Spouse and Mexican Spouse currently residing outside the United States
  • 212(d)(3) Non-Immigrant Waiver Approved for B-1/B-2 Visa Applicant Charged with Fraud/Misrepresentation and Conviction of Crimes involving Moral Turpitude
  • I-601 Waiver Pursuant to INA 212(h)(1)(A) and INA 212(h)(1)(B) Approved for Israeli Applicant Charged with Crimes involving Moral Turpitude
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