Love can break all the rules and obstacles, but not in case with a fiancée visa. Not each applicant for K1 is eligible for getting it. USCIS has the strict rules according which the K1 applicant should meet all the requirements. In case when you do not meet at least one of these requirements, you can be refused in getting a fiancée visa.
So that, a K1 petitioner must:
Be a United States citizen and be at least 18 years old.
NB! Green card holders cannot be K1 petitioners until they go through the naturalization process. So that, a petitioner should prove he is 18+ (a birth certificate) and he is a US resident (passport of the United States). Younger people can get CR1 visa, however, over two years will be spent until they get it.
Be free to marry legally.
That means the person must be unmarried or divorced officially and provide USCIS all the papers about the previous marriage and legal divorce. In cases when the marriage was annulled or a spouse passed away, the related papers should be given to USCIS.
Must intend to marry in 3 months.
To avoid meeting with scam and fraud, petitioner must convince USCIS that he/she has serious intentions to marry beneficiary in ninety days after this beneficiary arrives to the USA.
Have met the fiancée (beneficiary) physically within two years.
It never means that beneficiary and petitioner must know each other for 2 years. It means that they must prove they have met during the last 2-year period. Skype and WhatsApp chats are not counted.
Have enough income.
The K1 visa always counts on the petitioner’s financial stability and ability. Petitioner, the American taken responsibility for his/hers fiancée (beneficiary) must prove that his/hers income is enough to provide beneficiary with all needed things. USCIS site gives the minimal income that a K1 visa applicant must have.
Remember: many K1 are not approved only for the reason that USIC finds out that petitioner does not have enough income. Be ready to provide USCIS all the needed documents about pay stabs and tax returns.
IMBRA is the abbreviation of International Marriage Broker Regulation Act. In case when a petitioner has met his fiancée through a marriage agency (broker), he should provide this information. He must also provide the signed consent that the marriage broker got from the beneficiary the authorizing to release her/his personal contacts (address, phone number, etc).
Crimes and K1
In most cases K1 is denied if a petitioner or a beneficiary were convicted in serious crimes. They include sexual assault, dating violence, child abuse, homicide, rape, incest, peonage, murder, abusive sexual contact, manslaughter, trafficking, sexual exploitation, torture, trafficking, elder abuse, domestic violence, false imprisonment, holding hostage, stalking, kidnapping, involuntary servitude, abduction, slave trade and unlawful criminal restraint.