Michael Cho | Immigration & Waivers Lawyer - I601, I-601A, I212, 212d3, Fiance Visa, H1B, Investor Visa Free Immigration Consultation
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What are the legal requirements?

You must meet ALL of the requirements found below:

  • You must be a U.S. citizen
  • The U.S. citizen and foreign fiancee must be FREE to marry (i.e. all previous marriages must have been terminated by divorce, anullment, or death of the former spouse)
  • The U.S. citizen and foreign fiancee 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 fiancee must have a present INTENT to marry after the Fiancee Visa is issued and must be willing to marry WITHIN 90 DAYS of entry into the U.S. by the foreign fiancee
  • The foreign fiancee has NOT been convicted of a crime 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 Attorney Michael S. Cho)
  • The U.S. citizen fiancee 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 $19,387 for a family of two and increases by approximately $5,025 for each additional family household member or dependent of the U.S. citizen fiancee.
  • The U.S. citizen fiancee has NOT filed two or more K-1 visa petitions at any time in the past, or 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 Attorney Michael S. Cho)
  • If the U.S. citizen fiancee 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 fiancee 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.