When applying for a K-1 fiancé visa, both the sponsor and the fiancé(e) seeking a green card need to prove they each have the “legal ability” to get married.

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For the U.S. citizen sponsor, proving the legal ability to marry is straightforward. If they have been married previously and are now divorced or widowed, they attach divorce or death certificates to their visa petition for each previous marriage. The divorce decree or death certificates need to be official copies with the stamp of the granting court or government office. If the U.S. citizen has never been married, no paperwork is required. 

The fiancé(e) needs to provide the same evidence regarding the divorce or death of a previous spouse. This area is a little trickier since every country handles these civil matters differently. U.S. officials will look closely at these documents to determine authenticity. U.S. Citizenship and Immigration Services (USCIS) refers to this as “proof of the legal termination of the previous marriage of the beneficiary.”

For more information on what to provide, as well as the exact documents (which vary from country to country), see U.S. Visa: Reciprocity and Civil Documents by Country on the State Department website.

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Disclaimer: The contents of this post were accurate to the best of our knowledge at the time of publishing. Immigration is constantly changing, and old information often becomes outdated, including procedures, timelines, prices, and more. Take note of the publish date. For archival purposes, these posts will remain published, even if new information renders them obsolete. Do not make important life decisions based on this content. No part of this post should be considered legal advice, as RapidVisa is not a law firm. This content is provided free of charge for informational purposes only. If anything herein conflicts with an official government website, the official government website shall prevail.

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