A Fiancee Visa (also known as a K1 Visa) is a
travel document that allows a foreign Fiancee of a U.S. Citizen to
enter the United States
for the sole purpose of getting married. Fiancee Visas are generally
considered the quickest vehicle to legally bring a foreign fiancée to
the U.S. with the intentions of marriage and immigration.
The U.S. citizen Petitioner shall use Form I-129F to bring Fiance(e) ’s of U.S. citizens (K-1) to the United States as nonimmigrants to allow them to
marry in the U.S. The Fiance(e) ’s dependent children may accompany
any (K-1).
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Filing Requirements:
- 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;
- Each 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 marriages;
- 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.
Evidence of Meeting in Person. - Such evidence may include:
- Photographs 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: or would 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.
What are the necessary steps to obtain a Fiancee Visa?
- 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 fiancé(e),
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 Services.
- 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 is residing.
- 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
If 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 petition.
K-2 Nonimmigrant
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.
Appeals
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.
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