Requirements For A K-1 Visa
Both fiancées must be eligible to be lawfully married in the state of residence of the petitioner. For example, at the time the visa petition is filed, as well as at issuance, they must both be of legal age, and not already married to each other or to anyone else. Under the Defense of Marriage Act, same-sex partners are not eligible for K-1 visas, even those with petitioners from states that otherwise allow same sex partners to marry. However, a 2005 decision ruled that transsexuals, such as Thai kathoeys and Filipina baklas can get fiancé visas sponsored by the sex of their pre-op gender, so long as that sponsor lives in a state where the transsexual marriage will be recognized as heterosexual. Some individuals are ineligible for any immigrant visa, such as those with certain untreated communicable diseases, those who have committed crimes of moral turpitude, those who are addicted to illegal drugs, persons who were previously deported from the US, and those who have engaged in acts of terrorism or are members of a designated terrorist organization.
Both fiancées must have met in person at least once within two years prior to filing the visa petition. This requirement may be waived by the Department of Homeland Security, but only for cases with strong cultural or religious traditions which preclude such a meeting.
Visa applicants are required to demonstrate to the Consular officer that they are unlikely to become public charges in the United States. Generally, this is accomplished by the petitioner filing an Affidavit of Support (Form I-134) showing he or she has an income or assets that are above that of the poverty line in the petitioner's state of residence. Both fiancées may be required to submit certain documents, such as birth certificates and ID cards, to prove their identity, as well as divorce decrees or annulment records to prove they are eligible to marry. The precise documents required are set by the Embassy in each country to reflect the documents commonly used in that country.
Read more about this topic: K-1 Visa