The K-1 fiancé(e) visa allows a foreign national to enter the United States to marry their U.S. citizen partner. However, one common question we hear is: Can you qualify for a K-1 visa if you haven’t met your fiancé(e) in person? While the rule is typically that you must have met your partner in person at least once within the past two years, there are exceptions to this rule that can still make the
The Standard K-1 Visa Requirements
For most couples applying for a K-1 visa, the U.S. citizen petitioner must prove that they have met their foreign fiancé(e) in person at least once in the past two years. This requirement helps ensure that the relationship is genuine and not solely for the purpose of immigration. During this in-person meeting, the couple should take steps to document their meeting—such as photographs, travel records, and communication logs—since this evidence will be required during the application process.
However, this in-person meeting requirement can be waived in certain situations.
Exceptions to the In-Person Meeting Rule
While the in-person meeting rule is standard for K-1 visa applicants, there are certain exceptions that allow couples to proceed with the visa process even if they haven’t met face-to-face. These exceptions include:
- Extreme Hardship: If the requirement to meet in person would result in extreme hardship for the U.S. citizen partner, a waiver may be granted. This could be due to health, financial, or other personal circumstances that make travel impossible.
- Cultural or Religious Beliefs: In some cases, couples may have a cultural or religious reason that prevents them from meeting in person. For example, some cultures or religions may have strict rules about premarital interactions, or physical meetings may not be feasible for other reasons.
- Limited Travel Due to Safety or Security Concerns: If there are safety concerns, such as ongoing war, natural disasters, or political instability in the foreign fiancé(e)’s country, the U.S. government may waive the requirement to meet in person.
Proving a Bona Fide Relationship
Even if the in-person meeting requirement is waived, it is still essential to prove that the relationship is genuine and that both parties are entering the marriage in good faith. The U.S. Citizenship and Immigration Services (USCIS) will look closely at the relationship history, including:
- Communication Evidence: Text messages, video calls, and emails that show an ongoing, real connection.
- Photos Together: Even if you haven’t met in person, photographs from video calls or trips that show the connection.
- Future Plans: Proof that both parties are planning a future together, such as engagement announcements or plans for the wedding date.
In these cases, a strong narrative from both the U.S. citizen and the foreign fiancé(e) explaining the circumstances and providing evidence of the relationship is critical.
How to Navigate the Process Without Meeting in Person
If you’re in a situation where you haven’t yet met your fiancé(e) face-to-face but still want to pursue a K-1 visa, you will need to:
- Provide a Strong Case for the Exception: If you fall under one of the exception categories, be prepared to submit documentation to explain why the in-person meeting requirement should be waived. This could include medical records, proof of financial hardship, or evidence of security risks in the fiancé(e)’s home country.
- Submit a Detailed Application: Even without meeting in person, ensure your application is well-documented. This includes submitting all the required forms, such as the I-129F Petition for Alien Fiancé(e), as well as supporting evidence of the relationship. Be thorough and transparent with the documentation you provide.
- Consult with an Immigration Attorney: Navigating the K-1 visa process without an in-person meeting can be complicated. An experienced immigration attorney can help ensure that your case is presented in the best possible light and that all necessary waivers or exceptions are properly documented.
Why Work with an Experienced Immigration Attorney?
The K-1 fiancé(e) visa process can be challenging, especially if you’ve not yet met your fiancé(e) in person. However, with the right documentation and a well-prepared case, it is still possible to proceed.
At Rokas Law Office PLLC, we specialize in helping couples navigate the complexities of immigration. If you’re looking to bring your fiancé(e) to the U.S. but haven’t yet met in person, contact us today for a consultation. Our experienced team will guide you through the process, help you prepare the necessary documentation, and ensure the best chance of success for your application.