The filing of a Fiancé(e) visa (K-1 Visa) petition by a U.S. citizen petitioner to bring his or her foreign born fiancé(e) can get very complicated. 

There are strict rules that must be followed in order to bring a future spouse into the U.S. prior to marriage and application for a green card.

Following these five tips will increase your chances of obtaining a K-1 visa for your fiancé(e)

1. Eligibility for Marriage: Be able to prove that each of your prior marriages have resulted in divorce, annullment or the death of the ex-spouse. If you can’t prove that are legally eligible to become married in the U.S. the K-1 visa will be denied ;
2. Prove Relationship: Be able to prove that you have met your fiance in person within the two years preceding the submission of the K-1 application. This requirement can only be waived if meeting in person would violate long established customs or traditions of your spouse’s nationality or religion, or if an in person meeting would have created an extreme hardship;
3. Answer all Questions: Be careful to answer every question on the Form I-129F (PDF) (Petition for Alien Fiancé(e)). Although this may seem obvious, we have represented many clients whose K-1 applications were denied because they were incomplete;
4. Include Affidavits: Submit an affidavit detailing the circumstances under which the both of you met (either in person or otherwise). We have our clients provide a chronology of events detailing the dates and times spent together, places the both of you went, and the activities engaged in; and
5. Both Spouses Attend Interview: It is preferable that the petitioning spouse (fiancé(e)) be present at the K-1 visa interview at the U.S. Embassy or Consulate.

Petitioners seeking to bring a foreign born fiancé(e) to the U.S. should not attempt to do so without the assistance of a duly licensed and experienced Immigration Lawyer.