The K-1 Fiancé Visa: A Comprehensive Guide for Iranian Applicants

​The K-1 fiancé visa is a unique nonimmigrant visa that allows a foreign national to enter the United States with the intention of marrying their U.S. citizen fiancé. This visa is an excellent option for Iranian couples who wish to unite and start a life together in the United States. In this comprehensive guide, we will discuss the essential steps in the K-1 visa application process, eligibility requirements, supporting documentation, and important tips for a successful application.

Understanding the K-1 Fiancé Visa
A K-1 visa permits the foreign fiancé of a U.S. citizen to enter the United States for 90 days to get married. Once married, the Iranian fiancé can apply for adjustment of status to become a lawful permanent resident (LPR) and to stay in the United States while the adjustment of status case is pending. The K-1 visa is unavailable for fiancés of green card holders or couples already married.

Eligibility Criteria for the K-1 Fiancé Visa
Before applying for a K-1 visa, Iranian applicants must ensure that they and their U.S. citizen fiancé meet the following eligibility criteria:

• Both parties must be legally free to marry: This means that both the Iranian applicant and the U.S. citizen fiancé must be unmarried, or any previous marriages must have ended through divorce, annulment, or the death of a spouse.
• Intent to marry within 90 days of arrival: The couple must prove their genuine intention to marry within 90 days of the foreign fiancé's arrival in the United States.
• Physical meeting within the past two years: The couple must have met in person at least once within the two years before filing the K-1 visa application. Exceptions to this requirement may be granted due to cultural, religious, or extreme hardship reasons. 

The K-1 Fiancé Visa Application Process
The K-1 visa application process involves multiple steps:

• Filing the I-129F Petition for Alien Fiancé: The U.S. citizen sponsor initiates the process by filing Form I-129F with the United States Citizenship and Immigration Services (USCIS). This form requires the sponsor to provide personal information about both parties, details about their relationship, and evidence to support their eligibility.
• USCIS Approval: If the I-129F petition is approved, USCIS will forward it to the National Visa Center (NVC). The NVC will assign a case number and forward the petition to the U.S. embassy or consulate in the applicant's home country (Iran).
• Visa Application at the U.S. Embassy or Consulate: The Iranian fiancé must complete Form DS-160, the Online Nonimmigrant Visa Application, and submit it along with the required supporting documents. They must also pay the visa application fee and schedule an interview appointment. The U.S. citizen spouse should fill out an I-134 form, which shows that the U.S. citizen spouse sponsor is able to support the intending immigrant. 
• Medical Examination: The Iranian fiancé must undergo a medical examination by an authorized physician before the interview. The physician will provide a sealed envelope containing the results, which must be submitted during the visa interview.
• Visa Interview: The Iranian applicant must attend an in-person interview at the U.S. embassy or consulate. The consular officer will review the application, assess the relationship's bona fide nature, and determine the applicant's eligibility for the K-1 visa.
• Visa Approval and Issuance: If the visa is approved, the Iranian fiancé will receive their passport with the K-1 visa stamp. They must enter the United States within six months of visa issuance.

Required Documentation for the K-1 Fiancé Visa Application
To support their K-1 visa application, Iranian applicants must provide the following documentation:

• A valid Iranian passport: The passport must be valid for at least six months beyond the intended date of entry into the United States.
• Passport-sized photographs: Two recent, color, passport-sized photographs that meet the U.S. Department of State's requirements.
• Birth certificate: A certified copy of the Iranian applicant's birth certificate (Shenasname) translated into English.
• Proof of relationship: Evidence demonstrating the bona fide nature of the relationship, such as photographs, correspondence, travel records, and affidavits from friends and family.
• Proof of meeting within the past two years: Documentation showing that the couple has met in person within the past two years, such as passport stamps, travel itineraries, and photographs.
• Evidence of legal termination of previous marriages (if applicable): Certified copies of divorce decrees, annulments, or death certificates for any prior marriages of either the Iranian applicant or the U.S. citizen fiancé.
• Police clearance certificates: A police clearance certificate from each country the Iranian applicant has lived in for six months or more since turning 16. NOTE: A police clearance certificate is NOT required for Iran. 
• Medical examination results: A sealed envelope containing the medical examination results conducted by an authorized physician.
• Financial support documents: The U.S. citizen sponsor must complete Form I-134, Affidavit of Support, and provide evidence of financial ability to support the Iranian fiancé, such as tax returns, pay stubs, or bank statements.

Tips for a Successful K-1 Fiancé Visa Application
To increase the likelihood of a successful K-1 visa application, Iranian applicants should consider the following tips:

• Ensure all forms are completed accurately and honestly: Providing false or misleading information on any part of the application can result in a visa denial or even a permanent ban from entering the United States.
• Gather strong evidence of a bona fide relationship: The more evidence you can provide to demonstrate the genuine nature of your relationship, the better your chances of approval.
• Be prepared for the visa interview: Familiarize yourself with potential interview questions, review your application materials, and practice answering questions about your relationship and intentions.
• Dress professionally for the interview: First impressions matter, so dress appropriately for your visa interview to convey your seriousness and respect for the process.
• Consult with an immigration attorney: The K-1 visa application process can be complex and challenging, so it may be helpful to consult with an immigration attorney specializing in Iranian fiancé visa cases to ensure the best possible outcome.

Conclusion
The K-1 fiancé visa is an important pathway for Iranian couples who wish to unite and build a life together in the United States. By understanding the eligibility criteria, the application process required documentation, and tips for success, Iranian applicants can maximize their chances of obtaining a K-1 visa and beginning their journey towards a new life in the U.S. with their loved ones.

Najmeh Mahmoudjafari, Esq.
Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law, an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Najmeh can be reached at [email protected].

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DISCLAIMER: This article is for general information purposes only. It is not intended and does not constitute legal advice. This article does not create an attorney/client relationship and does not provide an attorney/client privilege. For legal advice about your specific case, please contact an attorney.