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Some fiancees think they might want to get married, but are not 100% certain, and need more time to get to know each other or to adjust to the new country. The fiancee may qualify for a visitor visa if the intention is not to get married in the USA (but to come and go and get married in another country, to return again on an immigrant visa). However, by applying for a K-1, the foreign fiancee may be much more open about their intentions since the purpose of the visa is to allow a foreign citizen to remain in the United States for 90 days to get married, with the idea of living and working legally after marriage. If the intent to marry is made clear enough, and something does happen that makes the couple decide not to marry, then the fiancee may leave the country without repercussions. However, in the case that the couple marry after entry on another type of temporary visa, there are some penalties under the law. In many cases the marriage will be upheld and immigrant status granted to the foreign spouse, but sometimes the foreign spouse risks being deported. Limitations have also been put into place to discourage marriage by visitors on other visas. For example, a K1 visa may not be issued to a recent student visitor (to discourage foreigners being students merely for the purpose of meeting US spouses). Though the K1 visa may take more time in planning, it minimizes risks that wedding plans will be scuttled at the last moment by a denial of admission.
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The consular section at the embassy or consulate where you, the fiancee of an American citizen, will apply for a visa, will tell you about any additional specific requirements that you need to fulfill to complete your visa application, such as where you need to go for the required medical examination. The following is required:
* A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.
* Birth certificate
* Divorce or death certificate of any previous spouse for both the applicant and the petitioner
* Police certificate from all places lived since age 16
* Medical examination (vaccinations are optional, see below)
* Evidence of financial support (Form I-134, Affidavit of Support may be requested.)
* Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.)
* One Nonimmigrant fiancee Visa Application, Form DS-156K
* Two nonimmigrant visa photos (each two inches 50 X 50 mm square, showing full face, against a light background)
* Evidence of a fiancee relationship
* Payment of fees, as explained below.
