| Filing Requirements:|
Evidence of Meeting in Person. - Such evidence may include:
- Proof of US Citizenship of the Petitioner;
- Intent to Marry his or her fiance within 90 days of arrival;
- The parties have previously met in person within 2 years before the date of filing the petition
- the two year meeting requirement can be waived;
person must show that he or she can legally marry, i.e. the person
shall be of the right age, single or a final divorce decree or a death
decree issued by a civil authority must be submitted for all previous
- The parties are willing to conclude a valid marriage in the United States within 90 days after the alien alien’s arrival;
- The Petitioner shall disclose all the prior petitions filed;
- The Petitioner shall disclose all the prior criminal convictions if any;
- The Petitioner shall disclose the Name of Marriage Broker, if applicable.
of the petitioner and beneficiary together; it is nice to have a
recognizable background, like Red Square, Karlov Bridge, etc.;
- Airline ticket stubs and receipts - that indicate the date(s) of travel;
- Copies of passport pages showing admission stamps;
- Military orders or letters from commanding officers;
- Tickets with the petitioner and beneficiary's names on the.
Meet Within 2 years – Waiver Requirements 8 CFR 214.2(k)
As a matter of discretion, USCIS may exempt the petitioner from the 2 year requirement if compliance:
What are the necessary steps to obtain a Fiancee Visa?
violate strict and long long-established customs of the beneficiary
beneficiary’s foreign culture or social s practice, as where marriages
are traditionally arranged by the parents of the contracting parties
and the prospective bride and groom are prohibited from meeting
subsequent to the arrangement and prior to the wedding day.
- First, I-129F Petition shall be filed with the United States Citizenship and
Immigration Services (USCIS) and must be sent to the appropriate USCIS
Service Center, which can be found in the instruction to I-129F. Other
documents that need to be filed with I-129F petition: G-325A for US Citizen, G-325A
for fiance, Form I-134
Affidavit of Support, a passport-style color
photograph of yourself and a passport-style color photograph of your
with both photos taken within 30 days of the date of filing this
petition, and an appropriate fee. The check shall be issued to the U.S.
Department of Homeland Security or U.S. Citizenship and Immigration
- If approved, USCIS sends
the information to the National Visa Center (NVC). The NVC sends the
approved K-1 petition to the Consulate or Embassy where the beneficiary
- The beneficiary will receive
clear instructions of all the necessary steps to take and forms to file.
Consular Post schedules the beneficiary for an
- interview. If eligible, Consulate will issues the K-1 Nonimmigrant visa.
- The beneficiary then shall travel to the US to marry the U.S.citizen petitioner within 90 days of admission.
- Beneficiary files Form I I-485 to adjust status to a conditional permanent resident.
Validity Period of K-1 Petitions
not used within 4 months K-1 visa will expire. USCIS will not re-open
expired K-1 petitions unless there is a clear error regarding statutory
eligibility in the record at the time of the original adjudication of
The K-2 nonimmigrant
visa is meant to allow the unmarried, under 21, minor child of an alien
classified as K K-1 to accompany the K K-1 to the U.S.
Can Fiancee Visas be extended or renewed after the initial 90 days of entry if there is no marriage?
No. The Fiancee must leave the country if he/she does not marry within
the 90 day period after U.S. entry. They may not re-enter the U.S. again
under the same us fiancee Visa.
They may, however, re-enter the U.S. after approval of a completely new
Fiancee Visa/K1 Visa by starting the entire process again with the same
Petitioner or a new Petitioner.
The denial of a Form I-129F petition for a K K-1 may be appealed to the Administrative Appeals Office (AAO) in Washington, D.C.
FREQUENTLY ASKED QUESTIONS
I am a U.S. citizen, how
do I help my fiancé become a U.S. Permanent Resident? If I choose the fiancé
visa option, how does my fiancé obtain permanent resident status?
Your fiancé will need to
enter the United States with a fiancé visa. Once admitted to the United States
with a K-1 visa, your fiancé will be
authorized to stay for 90 days during which you are permitted to marry. As soon
as you marry, your spouse may apply for permanent residence by filing a Form
I-485, Application to Register Permanent Residence or to Adjust Status, and
mailing it to:
U.S. Citizenship and
P.O. Box 805887
Chicago, Il 60680-4120
My fiancé has a child. May
the child come to the United States with my fiancé?
If the child is under 21
years old and is not married, a K-2 visa may be available to him or her. Be
sure to include the names of your fiancé’s children on your I-129F fiancé
Can my fiancé work in the
United States while on a fiancé visa?
After admission, your fiancé may immediately apply for permission to work
by filing Form I-765, Application for Employment Authorization, with
the USCIS Service Center having jurisdiction over your place of residence. Any
work authorization based on a nonimmigrant fiancé visa would be valid for only 90 days after
entry. However, your fiancé would also
be eligible to apply for an extended work authorization at the same time as he
or she files for permanent residence. In this case, your fiancé would file Form I-765 together with Form
I-485 as soon as your marry.
What if my fiancé is already in the United States in another
status and we decide to marry now?
If your fiancé is in the
United States and entered using a visa other than a fiancé visa, and you marry,
then you may file an I-130 relative petition for him or her as your spouse. He
or she may be able to file Form I-485 along with your petition.
What if we are engaged but
have not yet decided to marry?
The fiancé visa is a
temporary visa that simply permits your fiancé to enter the United States so
that the two of you can marry in the United States within the 90 days permitted
from the date of entry. It is not a way for you to bring a person here so you
can get to know one another, or spend more time together to decide whether or not
you want to marry.
What happens if we do not
marry within 90 days?
Fiancé status automatically expires after 90 days.
It cannot be extended. Your fiancé should leave the United States at the end of
the 90 days if you do not marry. If your fiancé
does not depart, he or she would violate U.S. immigration law. This
could affect future eligibility for U.S. immigration benefits.