Planning A Wedding: K-1 Visa Submission And Timing

The K-1 visa, also known as the Fiancé(e) visa, is a visa designed for U.S. citizens who intend to bring their foreign fiancé(e) to the U.S. to get married. The K-1 visa is valid for 90 days, during which the couple must get married. While there is no legal requirement to plan a wedding before submitting the K-1 visa application, providing some details about the wedding plans may help with getting approval. However, it is important to note that the K-1 visa is for fiancés, not spouses, and getting married before entering the U.S. may require a different type of visa.

You don't need to plan your wedding before your K-1 visa interview

There is no legal requirement to have a wedding ceremony, reception, and honeymoon planned and reserved before being issued a K-1 visa. It is perfectly acceptable to make plans once your fiancé has arrived in the US. The only requirement is that you intend to marry and that you do so within 90 days of your fiancé(e) arriving in the US.

If you have already made some decisions about your wedding and can submit some paperwork at the Embassy interview, this may be helpful for getting approval. For example, if you have reserved a date and location for your wedding, bring a letter or another form of confirmation to your interview. However, this is not required, and it is up to you how you choose to get married.

The K-1 visa process can be unpredictable, and it may be challenging to plan and pay for a wedding before your interview. The most important thing is to prove that your relationship is genuine and that you intend to marry.

You must prove you plan to marry within 90 days of your fiancé(e) arriving in the US

The K-1 visa, also known as the Fiancé(e) visa, is a visa designed for U.S. citizens who plan to bring their foreign fiancé(e) to the U.S. for marriage. The visa allows the fiancé(e) to enter the U.S. for up to 90 days for the purpose of getting married.

To prove your intention to marry, you must provide evidence of your relationship, such as photos, communication records, travel itineraries demonstrating in-person meetings, and other evidence of a committed relationship. This is to ensure that the relationship between the U.S. citizen and the foreign-citizen fiancé(e) is genuine.

While it is not a legal requirement to have a wedding ceremony, reception, and honeymoon planned and reserved before being issued a K-1 visa, providing some paperwork at the Embassy interview to show how you plan to get married in the U.S. can be helpful for approval. For example, if you have made arrangements for a church wedding, get a letter from the church confirming the reservation. If you plan to get married at a local courthouse, print off the court rules and instructions for getting married, as well as any marriage license requirements.

It is important to note that once the foreign fiancé(e) enters the U.S. on the K-1 visa, the couple is required to marry within 90 days. The K-1 visa becomes void if the couple gets married outside of the U.S. or does not marry within the 90-day period.

You can't be legally married when entering the US on a K-1 visa

It is important to understand that you cannot be legally married when entering the US on a K-1 visa. The K-1 visa is specifically for a fiancé(e) and not a spouse. The moment an individual is married, their K-1 visa becomes invalid, and they must apply for a K-3 or immigrant visa.

To obtain a K-1 visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the US. Your marriage must be valid, meaning that both parties have a genuine intention to establish a life together, and the marriage is not solely for immigration purposes. Within 90 days of admission to the US, if your fiancé(e) marries you, they may apply for lawful permanent resident status (a Green Card).

While it is not a requirement to have a wedding ceremony, reception, and honeymoon planned and reserved before being issued a K-1 visa, providing some paperwork at the Embassy interview to demonstrate how you intend to get married in the US can be beneficial for approval. For example, if you have reserved a date at a church, obtain a letter from the church confirming this.

If you have already married your fiancé(e) or plan to marry outside the US, your fiancé(e) is not eligible for a K-1 visa. In this case, you would need to apply for a spousal visa, such as the K-3 visa. It is important to note that visa fraud can occur if you enter the US on a K-1 visa while already being legally married, even if you do not disclose the marriage to consular officers.

Therefore, it is crucial to understand that wedding planning can begin before submitting the K-1 visa application, but the actual marriage ceremony must take place within 90 days of your fiancé(e) entering the US on the K-1 visa.

You must submit proof of your relationship and in-person meetings

When applying for a K-1 visa, also known as a fiancé(e) visa, it is crucial to provide evidence demonstrating a genuine relationship between the petitioner (US citizen) and the beneficiary (foreign national fiancé(e))). This is because the visa is a nonimmigrant visa that allows a foreign national fiancé(e) of a US citizen to enter the United States to get married and apply for permanent residence.

To prove the authenticity of your relationship, you must submit proof of in-person meetings and ongoing communication. According to the United States Citizenship and Immigration Services (USCIS), couples must have met in person at least once within two years before filing their petition. This requirement can be waived if an in-person meeting would violate strict cultural or social practices, or cause extreme hardship for the US petitioner. Examples of proof of in-person meetings include boarding passes, itineraries, hotel receipts, passport stamps, and photos together.

You must also provide evidence of ongoing communication, such as records of text messages, emails, social media conversations, phone call logs, and letters. These records should illustrate the ongoing interaction and demonstrate that the relationship is legitimate and that there is a genuine intention to marry. It is important to carefully put together your application to tell the story of your relationship. Both partners should draft detailed personal statements that outline the history of the relationship, key milestones, and future intentions.

Additionally, you can submit other forms of proof of your relationship, such as joint bank accounts, gifts or joint purchases, and letters from friends and family. While not required, it can be helpful to submit paperwork at the Embassy interview showing your plans for the wedding in the US, such as a reserved date at a church or reservations at a reception hall. This can demonstrate that you are thinking about and working towards getting married after receiving your K-1 visa.

You can get a 2-year rule exemption if your religion or culture prohibits in-person meetings before marriage

It is not necessary to have a wedding ceremony, reception, or honeymoon planned and reserved before being issued a K-1 Fiancé Visa. However, it is beneficial to show that you are thinking about and working towards getting married after receiving the visa. For instance, you could provide proof of a reserved date at a church or reception hall.

Now, regarding your specific question about the 2-year rule exemption, it is indeed possible to obtain a waiver if your religion or culture prohibits in-person meetings before marriage. This waiver can be granted if it is established that adhering to the requirement would violate the strict and long-established customs of the non-citizen fiancé's foreign culture or social practices. For instance, certain cultures may have rules prohibiting the bride and groom from meeting before the wedding. However, this exemption is challenging to obtain, as there must be no precedent within the culture of allowing in-person meetings.

To support your case, you must provide objective evidence that proves the couple is prohibited from meeting before the wedding. This could include religious texts, teachings, or guidance from established and verifiable sources. It is also essential to demonstrate that the beneficiary follows this religion or social custom. Merely showing that an in-person meeting would be inconvenient or expensive is generally insufficient to qualify for the waiver.

It is worth noting that waivers for the 2-year meeting requirement are not granted lightly and are evaluated on a case-by-case basis. The process of applying for a waiver will also likely result in a longer processing time for your visa application, typically adding 5 to 12 months or more to the timeline.

Additionally, it is important to understand that the moment a couple is legally married, the K-1 visa becomes void, and the couple must then apply for a K-3 or immigrant visa. Therefore, if you choose to have a religious or cultural ceremony before entering the US, ensure that it does not legally bind you as a married couple.

Frequently asked questions