December 20, 2016 Katie

K-1 VISA

K-1 FIANCE VISA

WHO IS ELIGIBLE?

If you plan to marry your foreign national fiancé outside the United States or your foreign national fiancé(e) is already in the United States by an admission or parole after an inspection by an immigration officer, you do not need to file a petition for a fiancé(e).


If you petition for a fiancé(e), you must show that:

  • You are a U.S. citizen;
  • You and your fiancé(e) intend to marry within 90 days of your fiancé(e) entering the United States;
  • You are both free to marry; and
  • You have met each other in person within the two years immediately before you file this petition, unless you request a waiver and establish that:

    • The requirement to meet your fiancé(e) in person would violate strict and long-established customs of your fiancé(e)’s foreign culture or social practice; or

    • The requirement to meet your fiancé(e) in person would result in extreme hardship to you.

Petitioners who have petitioned for a fiancé in the past may need a waiver to be eligible to file a petition for a fiancé.

 

HOW TO APPLY

If your fiancé(e) is overseas, or plans to return overseas, and you want to marry in the United States:

  • Complete Form I-129F: Petition for Alien Fiancé(e).Review the form instructions for directions on completing the Form I-129F.

  • Submit Evidence:.Submit all required initial evidence and include supporting documentation.

  • Sign and File the Form I-129

Note: Fiancé(e) status automatically expires after 90 days, and cannot be extended. Your fiancé(e) must leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This could affect future eligibility for U.S. immigration benefits and may result in removal (deportation).

If you marry your foreign national fiancé(e) outside the United States or your foreign national fiancé(e) is already in the United States by an admission or parole after an inspection by an immigration officer, do not file the Form I-129F.

You should file a Form I-130, Petition for Alien Relative. For additional information please contact us to schedule a consultation to speak to one of our attorneys.

If you want to receive an electronic notification, complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of your application.


CHILDREN OF FIANCÉ(E)S:

If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be available to him or her. Be sure to include the names of your fiancé(e)’s children on your Form I-129F petition.

 

What Happens After You Apply

Once USCIS receives your Form I-129F, we will process your petition and you will receive:

  • A receipt notice for your Form I-129F petition.
  • A written notice of decision.

 

Each case is different.

We process fiancé(e) petitions in the order we receive them.

Once we complete our processing, your approved petition is then forwarded to the National Visa Center (NVC).

The NVC will then send the petition to the U.S. Embassy or consulate, which will need time to process your fiancé(e) for a visa.

After your fiancé(e) arrives in the United States and marries you within 90 days, he or she can apply for adjustment of status to lawful permanent residence.