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K-1 Declaration

What Is A K-1 Declaration?

A K-1 visa, also known as a fiancé(e) visa, is a nonimmigrant visa that allows a foreign-citizen fiancé or fiancée of a U.S. citizen to enter the United States to marry their U.S. citizen sponsor within 90 days of their arrival. If the couple marries within the 90-day period, the foreign citizen can apply for adjustment of status to become a lawful permanent resident (LPR) or a green card holder. One of the main requirements for a fiancé visa is a K-1 declaration letter.
A K-1 declaration is a letter that is required to be submitted as part of a K-1 visa application to prove this is a genuine, bona fide marriage. The purpose of the letter is to demonstrate that the petitioner and their fiancé(e) have a bona fide relationship and that they intend to marry within 90 days of the fiancé(e)’s entry into the United States.

Key Requirements of a K-1 Declaration Letter

As part of the visa application process, the couple typically submits a declaration of their intent to marry. This often involves providing information about their wedding plans and demonstrating a bona fide intention to marry within the 90-day period after the foreign fiancé(e) enters the United States.

  • The letter should briefly describe your personal love story: how the petitioner and fiancé(e) met.
  • The K-1 letter should also detail the dates, locations and circumstances of all the in-person meetings between the petitioner and fiancé(e).
  • The petitioner must pledge in the letter that they are legally able and willing to marry the fiancé(e) within 90 days of the fiancé(e)’s entry into the United States.
  • The petitioner must sign and date the letter.

To help strengthen their visa petition, the K-1 declaration letter can also include:

  • Relevant evidence of plans to marry to corroborate the declaration, such as receipts, contracts and sample wedding invitations.
  • The U.S. citizen is required to write the K-1 declaration but the application can be strengthened if the foreign national fiancé also submits a similar letter, translated to English if necessary.

What Is A Bona Fide Marriage?

A bona fide marriage shows USCIS that your marriage is legitimate and was entered in for the correct reasons – and not for immigration reasons. Marriage fraud is a federal crime. A fake marriage only to get a green card can result in heavy penalties. Including a prison sentence of up to five years and a fine of up to $250,000 for both the immigrant and the American citizen. This is why we offer a free bona fide marriage interview checklist – to help you through the interview.

Immigrants under a K-1 fiancé visa or spousal visa must prove their marriage is valid to obtain a green card. The marriages of immigrants to American citizens are inspected during United States Citizenship and Immigration Services (USCIS) interviews, where the immigration officer looks for inconsistencies as indicators of marriage fraud. During the interview, applicants must prove they have a real, bona fide marriage – and did not get married just to get a green card. 

Can you prove to USCIS that you have a bona fide marriage?
Are you prepared for your marriage interview?

Our free guide includes a bona fide marriage interview checklist. This can help you prepare the documentation to prove to immigration authorities that you have a real marriage. It will also help you prepare for your marriage interview with USCIS.

Download Our Free Guide: Bona Fide Marriage Interview Checklist

Do You Have Questions About A Marriage Visa? We Can Help

The bona fide marriage interview checklist in our free guide can help you to prepare for your marriage interview. USCIS does not require you to hire an immigration lawyer to file for a K-1 fiancé visa or marriage visa. But hiring an experienced immigration lawyer gives you the best chance for a successful outcome for your application.

When you’re ready to hire an immigration attorney, the experienced immigration lawyers at Godoy Law Office offer assistance in immigration matters, including family-based visas, green cards and deportation defense. If you need help with an immigration issue, please contact our office or call us at 630-345-4164.

 

 

Mario Godoy
Mario Godoy
Immigration Lawyer and Illinois Crimmigration Attorney

Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.

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