A K-1 declaration is better known as the K-1 Fiancé Visa Letter of Intent To Marry (LOI). It is an important document serving as additional authentication that the U.S. citizen and their foreign spouse-to-be are in a bona fide relationship. Written by both individuals, it’s also a declaration of their respective intentions. Not only for establishing a life together, but also for getting married within 90 days of the foreigner’s arrival to the United States.
It is important to remember that both individuals are going to need to draft and sign their own letter. Giving a solid testimonial of their relationship with each other. Additionally, both letters will need to be filed with the Petition for Alien Fiancé(e) (Form I-129F) for review by an immigration services officer. The letter does not need to be lengthy, just needs to closely follow the guidelines discussed in this article below.
K-1 Fiancé(e) Visa Requirements
For the purposes of gaining admittance into the U.S. and getting married, a foreign national (who’s engaged to a U.S. citizen) will need to obtain a K-1 visa. In order for them to do so, both he or she and their spouse-to-be will need to meet certain qualifications as established by the U.S. government.
They are as follows:
- The petitioner is a citizen of the U.S.
- The U.S. citizen petitions on their foreign fiancé(e)’s behalf
- Both people have true intentions to get married within 90 days of the foreign fiancé(e)’s admission to the U.S. — further documented via an LOI/K-1 declaration
- The couple’s relationship is a genuine one
- Meet certain income requirements
- The foreign fiancé(e)’s admission to the U.S. must be based on a K-1 visa
- Both the U.S. citizen and his or her fiancé(e) are legally free to marry
- Both the U.S. citizen and his or her fiancé(e) have met each other face-to-face (in person) one or more times within two years immediately preceding their K-1 visa petition
- Documented proof of the above criteria
Note, there are a couple of exceptions to the in-person requirement, which are explained on the USCIS Visas for Fiancé(e)s of U.S. Citizens website.
The K-1 Fiancé(e) Visa Letter of Intent
Once the couple determines they meet the K-1 visa eligibility criteria, they’ll need to begin preparing their application packet. This is where the K-1 declaration is involved.
In short, the purpose of a K-1 declaration is to state the validity of the couple’s relationship, and includes their pledge to marry each other within 90 days.
Each person writing their letter must include these components in their sworn statement:
- He or she is engaged to be married to their fiancé(e)
- His or her intentions are to genuinely start a life together
- The details of the couple’s relationship, with additional such documented evidence about
- How the couple met
- The places they went together, with dated receipts (if applicable)
- Why the couple is in love and the reasons for getting married to each other
- He or she fully intends to get married to their spouse-to-be, within 90 days of the foreign fiancé(e)’s arrival to the U.S.
- That he or she is legally able to get married
- The names of both the U.S. citizen petitioner and the foreign fiancé(e) beneficiary
- Documented evidence of his and her wedding plans, such as
- Receipts from the wedding venue reservations
- Receipts for the wedding meals, supplies, photographers, etc.
- His or her signature
- The date the letter was written or signed
Again, each person will need to write their own letter, remembering to sign and add the month, day and year to it. All forms without signatures will automatically be rejected. Hard copies of both letters/K-1 declarations will need to be included in the I-129f application packet, which is to be mailed to the USCIS Dallas lockbox.
Marrying a U.S. citizen is quite possibly the fastest and simplest pathway to obtaining lawful permanent U.S. residence. So, this is just a standard procedure the USCIS requires, as an added assurance that the couple is not using this process for the purposes of obtaining immigration benefits. The K-1 declaration is an oath, and lying under oath is penalizable under U.S. perjury laws.
Note, the USCIS does require certain evidence to be filed by the petitioner, and forms to be filed by the foreign fiancé(e) — both of which can be found on the USCIS’s and the Department of State’s (DOS’s) websites, respectively.
Format of the K-1 Fiancé(e) Visa Letter of Intent
The formatting of the LOI generally resembles that of a standard formal letter, though there are a couple of exceptions. For instance, indicating that the letter is from the petitioner or beneficiary directly beneath the title of the document. In addition, including the significant other’s contact details within the letter.
The typical format is detailed as follows:
- Subject title of the document: Letter of Intent to Marry
- The writer of the letter by notating in parentheses: (Petitioner) or (Beneficiary)
- Date the letter was written
- The petition of which it is regarding: “Re: I-129f, Petition for Alien Fiancé(e)”
- Letter writer’s name and contact details
- USCIS’s Dallas lockbox address (either the P.O. box or physical address suffices)
- Petitioner’s name and his or her contact details
- K-1 fiancé(e) beneficiary’s name and his or her contact details
- Greetings, such as, “To whom it may concern,”
- Body of the declaration itself
- Salutations
- The letter writer’s signature, date and then printed name
- Enclosure notation: “Attachments enclosed”
Just as with most other formal letters, there should be a double space after the end of each segment.
The crux of a Letter of Intent to Marry is for both individuals to support the details and nature of their relationship, and to affirm their genuine intentions of getting married and forming a life together inside the U.S.
FAQs For The K-1 Fiancé Visa Letter of Intent To Marry
What is the purpose of the K-1 Fiancé(e) Visa Letter of Intent to Marry?
The purpose of the K-1 Fiancé(e) Visa Letter of Intent to Marry is to provide additional authentication that the U.S. citizen and their foreign fiancé(e) are in a bona fide relationship and genuinely intend to get married within 90 days of the foreign fiancé(e)'s arrival in the United States.
Who needs to write the Letter of Intent to Marry?
Both the U.S. citizen petitioner and the foreign fiancé(e) beneficiary must write and sign their own letters, providing a solid testimonial of their relationship with each other.
What should be included in the Letter of Intent to Marry?
The letter should include details about the couple's relationship, such as how they met, places they went together, reasons for getting married, and their intentions to start a life together. It should also state that they are legally able to marry and provide evidence of their wedding plans.
What happens if the couple fails to get married within 90 days of the foreign fiancé(e)'s arrival in the U.S.?
If the couple fails to get married within the 90-day period, the foreign fiancé(e) may be required to leave the United States, and their K-1 visa will no longer be valid.
Can the Letter of Intent to Marry be typed or does it have to be handwritten?
The Letter of Intent to Marry can be typed or handwritten, as long as it is signed and dated by the person writing the letter. It is important to follow the format guidelines outlined in the article to ensure that the letter is accepted by the USCIS.
Conclusion For The K-1 Fiancé Visa Letter of Intent To Marry
The K-1 Fiancé(e) Visa Letter of Intent to Marry is a crucial document for U.S. citizens and their foreign fiancé(e)s seeking to establish a life together in the United States. This letter serves as a testament to the genuine nature of their relationship and their commitment to getting married within 90 days of the foreign fiancé(e)'s arrival in the U.S. Both individuals must draft and sign their own letters, detailing their relationship and providing evidence to support their claims. By following the guidelines and format outlined in this article, couples can ensure that their letters meet the requirements set forth by the U.S. government and increase their chances of a successful K-1 visa application.