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Fiancé(e) Visas

Fiancé(e) Visas

A U.S. citizen can petition for his or her fiancé(e) by filing a Form I-129F Petition for Alien Fiancé(e).  After the I-129F petition is approved, the fiancé(e) applies for a K-1 nonimmigrant visa.  After the consulate issues the K-1 visa, the fiancé(e) enters the U.S. using the visa.  Within 90 days after admission, the fiancé(e) must marry the U.S. citizen who filed the I-129F petition.  After the marriage, the spouse can apply for a green card in the United States.

What do I have to prove to bring my fiancé(e)  to the United States?

You must demonstrate that you are a U.S. citizen; that you and your fiancé(e) intend to marry each other within 90 days of your fiancé(e)'s admission to the U.S. on his/her K-1 visa; that you and your fiancé(e) are legally free to marry; and that you and your fiancé(e) met each other in person at least once in the two-year period before you file your petition.

What does “legally free to marry” mean?

This means that all prior marriages for you and fiancé(e) have been terminated (by divorce, death, or annulment).  If either of you has a prior marriage that was not properly terminated, then your fiancé(e) is not eligible for a K-1 visa.  

What if it is against our culture to meet in person before we marry?

You may request a waiver of the in-person meeting requirement if you can demonstrate that meeting in person violates strict and long-established customs of your fiancé(e)'s foreign culture or social practice or that meeting in person would result in extreme hardship to you.

What kind of evidence can I submit to show that my fiancé(e) and I have a bona fide relationship?

Suggested evidence includes, but is not limited to, proof of travel to visit one another (or travels together), photographs, proof of communications (phone records, text messages, chats, social media communications), and affidavits of witnesses who can attest that you and your fiancé(e) are in a good faith relationship and not a relationship to obtain immigration benefits.

Will there be an interview during the fiancé(e) process?

Generally, there will not be an interview on the I-129F petition.  However, your fiancé(e) will attend an interview overseas at a U.S. consulate (embassy) in order to obtain his or her K-1 visa.  Later, after your fiancé(e) enters the U.S. and marries you, he or she will likely have an interview on his or her green card application.  USCIS normally requires both spouses to attend this interview.

What happens after my spouse gets his or her green card?

In most fiancé(e)-based green card cases, the couple has been married less than two years at the time the green card application is approved.  If those cases, the foreign spouse will become a “conditional” permanent resident with a two-year green card.  In order to obtain a 10-year green card, he or she will need to file Form I-751 Petition to Remove Conditions on Residence in the 90 days before the two-year green card expires.  

Can my fiancé(e)'s children be included in the case?

Children who are unmarried and under 21 years of age may qualify to be included on the case.  If eligible, they will receive K-2 visas and can accompany your fiancé(e) to the United States.  If you and your fiancé(e) marry within the 90-day period, your fiancé(e)'s children can apply for green cards at the same time or after your fiancé(e).

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