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Fiance visa requirements: What documents are needed for a fiance visa?

Fiance visa requirements: What documents are needed for a fiance visa?

What documents are needed for a fiance visa?

The documents for a fiance visa USA that you submit must prove that you meet the fiance visa requirements. These include: 

  • Proof of citizenship of the US petitioner
  • Proof of a genuine relationship
  • Proof that the US citizen petitioner meets the fiance visa income requirements
  • Proof of admissibility of the foreign national fiance
  • Proof of identity

Our fiance visa required documents USA article provides a helpful checklist of all the requirements for applying for fiance visa in the USA as well as a list of what documents are needed for a fiance visa.

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The fiance visa requirements

Below you can find an itemized list of all the fiance visa requirements you need to comply with in order to be eligible for a fiance visa.

  • The sponsoring fiance must be a US citizen. Lawful permanent residents cannot sponsor a foreign national for a fiance visa as per the US fiance visa requirements.
  • Both of you must be single. If either of you has any previous marriages, you must submit proof of termination of those marriages, such as death certificates or divorce decrees to be in compliance with the US fiance visa requirements.
  • You must be eligible to marry each other under United States law. If you are a same-sex couple, you are eligible for a fiance visa, even if same-sex marriage is not allowed in the foreign national fiance鈥檚 country of origin.
  • The US citizen petitioner鈥檚 income must meet at least 100% of the HHS Federal Poverty Guidelines. Keep in mind that while the fiance visa income requirements require that your US citizen fiance鈥檚 income meet 100% of the HHS Federal Poverty Guidelines, when the foreign national fiance applies for permanent residence in the United States, the US citizen petitioner will have to earn at least 125% of the HHS Federal Poverty Guidelines, unless the petitioner is active duty in the US armed forces.聽
  • You and your fiance must have met in person at least once within the past two years to be in compliance with the fiance visa requirements.
  • Your relationship is valid and genuine. The engagement cannot have been entered into for the purposes of evading United States immigration laws. Part of the fiance visa USA documents required must attest to the validity of your relationship.
  • You are not likely to become a threat to public health on the grounds of carrying any communicable diseases. Part of the documents for a fiance visa USA will be proof that you do not carry any communicable diseases.
  • You are not likely to become a public charge by becoming dependent on public benefits. Part of the documents for a fiance visa USA will be proof that you are not likely to become a public charge.
  • You are not likely to become a threat to public safety on the grounds of previous criminal charges. Part of the documents for a fiance visa USA will be proof that you are not likely to become a threat to public safety.

The US government requests that you submit the fiance visa forms and the documents needed for a fiance visa before granting your K-1 fiance visa to ensure that you meet all of the US fiance visa requirements.

What are the required US fiance visa forms?

In order to apply for a fiance visa USA, you will have to fill out a number of US fiance visa forms. Below is a list of the forms you will have to file, together with a brief explanation of the purpose that each of these fiance visa forms.

This US fiance visa form, which the US citizen petitioner files with the United States Citizenship and Immigration Services (USCIS), serves to establish the validity of your relationship. If you have any children, who are applying for derivative K-2 visas on the basis of your relationship with the US citizen petitioner, they need to be included in this form.

The foreign national fiance fills out this US fiance visa form, which requires personal information about the applicant, and is completed and submitted online. Its purpose is to establish that the fiance is not inadmissible to the United States. 

This US fiance visa form is a binding contract between the US citizen sponsor and the United States government, which shows that the US citizen is willing to sponsor the foreign national fiance and will not allow him/her to become a public charge. It serves as documentary evidence that you meet the fiance visa income requirements.

The foreign national fiance will have to undergo a medical exam by an approved medical practitioner. The results of this exam will be entered into Form I-693, which will be placed in a sealed envelope to be submitted to the US Consulate or Embassy at the time of the fiance visa interview. Even if you satisfy all of the other US fiance visa requirements, failure to show proof that you do not carry any communicable diseases and that you have all of the required vaccinations will likely result in denial of your fiance visa application. 

Your K-1 fiance visa is a nonimmigrant visa. It does not entitle you to a green card. Once you are in the United States and you and your US citizen fiance are married, you can apply for permanent residence and receive a marriage-based green card. In order to apply for a green card, you will have to fill out this US fiance visa form. Keep in mind that even if you met the fiance visa income requirements of at least 100% of the HHS Federal Poverty Guidelines, you will have to meet a higher income requirement for the green card application than the fiance visa income requirements.

Form I-765, Application for Employment Authorization

Technically, your fiance visa enables you to work in the United States. However, you need to apply for a work permit, which takes several months to be approved. More often than not, your K-1 fiance visa will expire before you receive your employment authorization document (EAD). You should file your Form I-765 concurrently with your green card petition instead.

Form I-131, Application for Travel Document

While your permanent residence application is pending, you cannot leave the United States. If you do, USCIS will accept that you have abandoned your application and will cease processing it. If you want to travel outside the United States while awaiting adjudication on your case, you should submit this US fiance visa form for travel parole.

What are the documents needed for a fiance visa?

Below we have included a detailed checklist indicating what documents are needed for a fiance visa. For clarity, we have organized them by the fiance visa forms they need to be filed with.

Form I-129F, Petition for Alien Fiance

Below you will find an itemized list of all the documents for a fiance visa USA the US citizen petitioner needs to submit with the I-129F petition that will be submitted to USCIS.

Proof of citizenship: as part of the documents for a fiance visa USA, you will have to submit evidence that the US citizen fiance is, in fact, a US citizen. 

路    a copy of the US citizen fiance鈥檚 passport

路    birth certificate

路    certificate of naturalization, if applicable

A copy of the alien fiance鈥檚 passport

Proof that the relationship is bona fide: If you submit more, and varied, evidence of the validity of your relationship, it will be more convincing to the USCIS officer reviewing your case. Such documentary evidence should include as much of the following as possible:

路    Pictures of you and your fiance together;

路    Plane tickets and hotels bookings for trips you took together and from various visits with each other;

路    Letters, emails, phone records, text messages that you have sent each other throughout the relationship;

路    Sworn statements from family and friends who can attest to the validity of the relationship;

Proof that any previous marriage have been terminated: in order to meet the US fiance visa requirements, if either of the two partners has been previously married, you need to submit the following documents for a fiance visa USA that prove the termination of any and all previous marriages: 

路    death certificates,

路    divorce decrees,

路    certificates of annulment, etc.

Proof that you and your fiance have met in person at least once within the past two years: one of the most important fiance visa requirements is that the alien fiance and the US citizen fiance have met in person at least once within a 2-year period. You should submit as many of the following documents for a fiance visa USA as possible, to prove that any such meetings have occurred: 

路    flight records,

路    hotel bookings,

路    photos,

路    correspondence of you planning the trip,

路    travel itineraries; or

Proof that such a meeting would violate strict and long-established customs of the alien fiance鈥檚 culture dictating that the couple cannot meet prior to marriage; or

Proof that such a meeting would result in extreme hardship to the US citizen partner.

Sworn statements by each partner, describing the nature of the relationship, and clearly stating your intent to get married within 90 days of the alien fiance鈥檚 arrival in the United States.

A copy of the alien fiance鈥檚 I-94 travel record, which can be found here

One passport-style photo of the US citizen partner and one passport-style photo of the foreign national fiance.

If you have any children applying with you, you will have to submit the following:

路    Duly completed Form DS-160

路    Valid, unexpired passport

路    Birth certificate

路    Form I-134, Affidavit of support, filled in by the US citizen petitioner, to ensure that you meet the fiance visa income requirements

路    Form I-693, Report of Medical Examination and Vaccination, placed inside a sealed envelope

路    Passport-style photo of the foreign national fiance鈥檚 child

DS-160, Online Nonimmigrant Visa Application

You will have to bring this application package with you to your visa interview. Note that some of these documents for a fiance visa USA are copies, but others are the originals of these documents.

Documents from the US citizen petitioner:

路聽 聽 Duly filled in Form I-134, Affidavit of Support, as evidence that you meet the fiance visa income requirements

路    The US citizen petitioner鈥檚 most recent federal tax returns. While only the most recent tax returns are required, it is always a safe bet to provide your tax returns for the past three years. Recent paystubs and Form W-2 may also be submitted as proof that you meet the fiance visa income requirements.

路    A copy of the approved I-129F package originally filed with USCIS as proof of the US citizen鈥檚 relationship to the foreign fiance.

Documents from the foreign national fiance:

路    Two passport-style photos

路    The alien fiance鈥檚 birth certificate

路    A copy of the alien fiance鈥檚 valid, unexpired passport

路    A police clearance report from any country the fiance has lived in for more than six months since they were 16

路聽 聽 Form I-693, Report of Medical Examination and Vaccination placed inside a sealed envelope.

Proof that you have health insurance in the United States:

If you have health insurance, you should submit the following documents:

o   Health insurance card

o   Letter from insurance company

o   Copy of insurance policy

If you have health insurance but your coverage has not started yet, you should submit the following documents:

o   Letter from insurance company

o   Other evidence

If you don鈥檛 have health insurance, you should submit evidence regarding how you intend to pay for any health-related expenses while in the United States.

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Tax returns

You should submit a copy of your tax returns and tax transcripts, if applicable

o   Tax return

o   Tax transcript

Proof of your income

Evidence of your income can include any of the following:

o   Copies of bank statements

o   Proof of other income statements

o   Recent pay stubs

o   If you have an employment offer in the United States, please attach that as well

o   If you are employed, you should include a Verification of Employment (VOE) letter from your current employer

Proof of assets

Include copies of statements of any of the following that are applicable:

o   Annuities

o   Retirement accounts

o   Checking and savings accounts

o   Stocks and bonds

Vehicles

If you have any vehicles, you should submit copies of their titles, as well as a recent appraisal of their value

Real estate

If you have any real estate property, you should submit copies of the deed, as well as a recent appraisal of the property鈥檚 value

Liabilities

Please submit evidence of any debts or loans, unpaid taxes, etc.

Education

You have to submit proof of your level of education. This includes copies of the following:

o   Your high school diploma and transcripts

o   Your diploma and transcripts for any other degrees 鈥 B.A., B.Sc., M.A., etc.

Occupational skills, certificates, licenses

Please include evidence of any occupational skills you might have.

Adjustment of Status Application

It is very important to note that the K-1 fiance visa is a nonimmigrant visa. While it allows you to travel to the United States and enter the country, it does not make you eligible for a green card application. You can only file Form I-485 after you have been married. You only qualify for permanent residence via your marriage to a US citizen and not through your fiance visa.

Once you have married your US citizen fiance, you can file Form I-485, together with the following list of documents.

Proof of nationality:

路    A color copy of your passport biographic information page, as well as copies of all previous passport biographic pages used to enter the United States; or

路    A copy of your birth certificate, together with a notarized translation if your birth certificate is not in English.

Proof of lawful entry into the United States, as well as proof of lawful status:

In order to be eligible for permanent residence, you need to demonstrate that your current presence in the United States is lawful.

路    A copy of your current US visa;

路    Copies of all US visa stamps and entry stamps from current or expired passports;

路聽 聽 Your latest Form I-94, which you can find here;

路聽 聽 Your I-94 travel record, which lists all of your previous lawful entries and exits, which you can find here.

If you have ever previously resided in the United States as a worker, exchange visitor, student, etc. you will have to submit copies of the following:

路    Copies of all I-797 Approval Notices you have received from USCIS;

路    Copies of your  I-20s, if you lived in the United States in F-1 student status;

路    Copies of your DS-2019s or IAP-66s, if you resided in the US in J-1 status;

路    Copies of I-612 J waiver approval notices;

Records of previous interactions with law enforcement, if applicable:

You should submit any court, police, or prison records that you might have.

Records of previous immigration violations, if applicable:

You should submit any deportation documents that you might have.

Work Permit Application Form (I-765)

While you are technically eligible to apply for a work permit with your K-1 fiance visa, the turnaround process for approving I-765 applications is around two months, meaning that by the time your work permit application is approved, you will likely no longer be eligible to apply with your fiance visa. You are better off submitting your work permit application concurrently with your green card application.

In order to apply for employment authorization in the United States, you will need to submit the following documents:

Proof of lawful entry into the United States, as well as proof of lawful status:

o   A copy of your K-1 fiance visa;

o   Copies of all US visa stamps and entry stamps from current or expired passports;

o 聽 Your latest Form I-94, which can be found here;

o 聽 Your I-94 travel record, which lists all of your previous lawful entries and exits, which can be found here.

If you have previously been issued an Employment Authorization Document (EAD card), you have to submit a color copy of it; or if you have previously been issued some other work permit(s), you should submit copies of these;

Proof of nationality:

路    A color copy of your passport biographic information page, including copies of all previous passport biographic pages used to enter the United States; or

路    A copy of your birth certificate, as well as a certified translation if your birth certificate is not in English.

Proof of identity:

Two passport-style photos of you.

Travel Permit Application Form (I-131)

If you would like to travel outside of the United States while your green card application is pending, you will need to submit the following documents:

Government-issued photo ID:

路    A copy of your passport biographic information page; or

路    A copy of your valid driver鈥檚 license;

Proof of your current lawful immigration status:

路    A copy of your K-1 fiance visa.

Further proof of identity:

Two passport-style photos of you

Here are the US government鈥檚 requirements for the passport-style photographs you will have to submit as supporting documents for the various forms included in this list.

As you may have noticed, copies of some documents needed to apply for a fiance visa have to be submitted as supporting documents for more than one of the fiance visa forms. You need not submit multiple copies of the same document: one copy will suffice. The documents supporting your Form DS-160, Online Nonimmigrant Visa Application will be submitted in person at your fiance visa interview, and you will have to bring the originals of these documents.

If any of the documents needed to apply for a fiance visa is not in English, you will need to submit a certified translation.

The list of documents needed to apply for a fiance visa is long and overwhelming. Our experienced family-based immigration attorneys can help you assemble your fiance visa application package and subsequent green card application package, and make sure you have submitted all items from the list of documents required for a fiance visa.

Fiance visa documents required

Below you can find a summarized checklist of the fiance visa documents required:

路    Proof of citizenship of the US petitioner

路    Proof of a genuine relationship

路    Proof that you meet the fiance visa income requirements

路    Proof of the admissibility of the foreign national fiance

路    Proof of identity

To make sure that you comply with all the requirements for applying for a fiance visa to the USA, as well as that you have all the fiance visa required documents USA, we strongly advise that you reach out to an immigration attorney.

Our Fiance Visa Services

Are you a US citizen who would like to sponsor your foreign national fiance for a US visa? Are you a foreign national engaged to a US citizen who needs help applying for a K-1 visa? Would you like to make sure that you meet all of the US fiance visa requirements? Are you not sure how to fill out all of the US fiance visa forms? Would you like assistance in figuring out what documents are needed for a fiance visa?

Our immigration attorneys can devise a fiance visa and marriage-based green card strategy tailor-made to accommodate the particular needs of your case and prepare your fiance visa petition and subsequent marriage-based green card application in accordance with all the pertinent immigration rules.

To schedule a consultation with our immigration attorneys, please click here and click on 鈥淪chedule a Consultation.鈥 You can also email us at [email protected], or call us at (212) 220-6652.

During your consultation, our family-based immigration lawyers will provide an honest assessment of your case, and a recommendation about your next steps.

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Disclaimer: This blog article is provided by Pandev Law, LLC for general educational and informational purposes only. Although this article discusses general legal issues, it does not constitute legal advice nor does it establish an attorney-client relationship. No reader should act or refrain from acting on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Pandev Law, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. This blog article may constitute attorney advertising. Prior results do not guarantee a similar outcome.