K 1 visa is a popular non-immigrant visa that allows US citizen to sponsor their foreign fiancé to come to the US and get married within 90 days of entry. It is crucial to know the documents required to file this visa as a lack of supporting evidence may lead to USCIS issuing either Request for Evidence (RFE) or refusing the application.
Either case is not appropriate for you or your fiancé as the first may lead to a delay in the processing of your application, and in the latter case, you have to file the visa again and pay the fee again. Continue reading this article as it explains, in brief, all the documents required from the filing stage to getting your visa.
What stages can I expect submission of documents in my K visa application?
We can briefly divide the K visa application process into two steps where you have to submit the documents. These are:
- At the time of filing Form I 129F
- At the time of the interview
Documents required at the time of Filing Form I 129F
The first step in getting a K-1 visa is filing for Form I 129F. It is done by the US citizen who is sponsoring their foreign fiancé for a K-1 visa. Filing form I 129f indicates your intention to bring your fiancé to the United States to get married within 90 days of arrival. At the time of filing the form, there are several documents that you have to submit along with the form, which are:
Proof of your US Citizenship
To prove your US citizenship, you can submit documents like your US passport, birth certificate, or consular officer statement attesting to your US citizenship or a copy of the certificate of your naturalization or citizenship.
Proof of bonafide relationship
The United States citizenship and immigration services check if you and your fiancé’s relationship is real or not. You can submit evidence such as photographs, written testimonials from friends or relatives, correspondences, itineraries from trips, or any other evidence proving the true nature of your relationship.
Proof that you and your fiancé have ended previous marriages, if any.
If anyone of you or your fiancé have entered into previous marriage, evidence that the marriage is ended shall be attested along with the form I 129F because bigamy is a criminal offense in the United States, and you cannot ask for a visa to get married unless all your previous marriages have been ended.
Documents like the death certificate of the previous partner, divorce decree, or annulment orders can be submitted to prove that previous marriages have been ended.
Proof of meeting in person at least once in the last 2 years
The requirement is that you and your foreign citizen fiancé have met in person at least once in the last 2 years from the date of filing the I 129F application. For this, you can show ample evidence such as hotel receipts, itineraries, photos, emails, chats, correspondence, flight tickets, etc.
However, this condition is exempted for those who cannot meet it because of extreme hardship as a result of religious, cultural, or social norms.
Sworn statements and evidence of your intention to get married within 90 days of entry into the US
You can submit documents like wedding invitations, wedding details, company bills that are organizing the wedding, sworn statements, or other receipts of arrangements done for the marriage.
One passport-style photo of each partner.
Copy of Form I-94 arrival-departure record of sponsored fiancé (if any)
Copy of passport of your foreign fiancé.
Documents required to take at the interview
Once you submit the I -129F form, the USCIS will process it, and if USCIS approves the petition, it will send your case to the US Department of State National visa center (NVC). The NVC, through its embassy or consulate in your fiancé’s home country, will send a notice to your foreign fiancé.
In that notice, the interview date, time, and location will be mentioned. Your fiancé has to gather certain documents for the visa interview, which the interviewing officer will check. The list of documents required are:
Form DS 160 Online Nonimmigrant Visa Application
This is your actual K-1 visa application. After the USCIS approves the I 129F form, you will have to submit DS 160 online and bring the confirmation of the completion to the interview.
Birth Certificate of the foreign fiancé
Police certificates from the home country where the sponsored fiancé is currently living and from all those countries where he has lived for a period of 6 months or more.
Form I 134 (Affidavit of Support)
Evidence that the foreign fiancé will financially support themselves in the US. You can show this through your bank balance, your salary statements, etc. If the sponsored fiancé cannot show this condition, then the US citizen (who has sponsored I 129F form) can sign an Affidavit of Support (Form I 134).
The affidavit of support is a binding legal document that states that the person signing it will take responsibility for the financial support required by the sponsored fiancé.
Proof of relationship with US sponsor
You can show evidence such as photos, emails, travel itineraries, hotel receipts, testimonials, chats, or other evidence that proves the bonafide relationship.
Sealed medical exam
You have to take the medical exam from a US-authorized panel physician in your home country and bring the results to the interview.
If married before, evidence showing that previous marriages have ended for both partners.
You can bring documents like a divorce decree, divorce certificate, annulment order, or death certificate of the previous partner.
The passport should remain valid for at least 6 months beyond your intended period of stay in the United States.
Two 2 x 2 photos
Payment of visa application fees
In general, you will require the following documents in your whole visa application process.
- Valid passport of both the partners.
- Proof of the citizenship of sponsored fiancé (any US government-approved ID)
- Proof of meeting at least once in the last 2 years (photos, itineraries, testimonials, etc.)
- Evidence that previous marriages have ended, if required (death or divorce certificate etc.)
- Testimonial from partners that they intend to marry within 90 days of arrival.
- 1 passport-style photo for both partners
- 2 passport-style photos for sponsored partner
- Birth certificate of the foreign fiancé
- Police certificate from all the countries where the sponsored fiancé have lived more than 6 months
- Medical exam records from US government authorized panel physician.
- Affidavit of support (I -134), if required
- Payment of visa fee
- Evidence to prove true relationship (photos, emails, testimonials from friends and family, etc.)
- Copy of Form I-94 arrival-departure record of sponsored fiancé (if any)
In most cases, it is a complete list of documents that you need to prepare for filing your K -1 visa. However, some cases may require further documents, which will be asked from you through an RFE, or you may see it in the notice received from NVC.
What documents do I have to submit for the Affidavit of Support?
While submitting an affidavit of support, the US citizen sponsor may require the following documents to be submitted along:
- Proof that the US citizen has a bank account
You can submit documents like the signed statements by bank officials indicating your name, account number, date of opening the account, current balance, and deposits made in the last year.
- Proof of your employment
If you work for an employer, you can have a signed statement from the employer on the business letterhead indicating your current position, nature of the job, and salary. If you are s professional or business owner, you can sign a statement regarding that and provide information about the work you do and the income you earn in a financial year.
- Prove your tax returns
A copy of the latest tax returns you have filed with the federal government.
The purpose of the Affidavit of Support is to check if you are able to support the foreign fiancé financially in the US.
How can Herman Legal Group help you?
Herman Legal Group is a professional immigration law firm providing immigration services in the United States for more than 25 years. We are an award-winning immigration law firm founded in 1995 and experienced in all areas of immigration: family, employment, investor, deportation defense, and citizenship.
You are not alone in your visa application. We can understand how important it is for you to solemnize your wedding in the United States, and therefore, our professional attorneys have expertise that can drastically increase the chances of your visa approval by following proper procedure.
Schedule a consultation with one of the experienced immigration attorneys by calling 1-800-808-4013 or 1-216-696-6170 or by booking online. Consultations can be conducted by zoom, skype, WhatsApp, facetime, or in-office. A small consultation can save your time and money.