Fiancees

The U.S. citizen must file for the fiancee with Citizenship and Immigration Services (CIS). The approved petition will then be forwarded by CIS to the American consular office where the foreign national fiancee will apply for his or her visa. A petition is valid for a period of four months from the date of CIS action, and may be revalidated by the consular officer.

The foreign national fiancee must meet documentary requirements similar to the requirements of an immigrant visa applicant. The following documents are normally required:

  • Valid passport
  • Birth certificate
  • Divorce or death certificate of any previous spouse
  • Evidence of valid relationship with the petitioner
  • Photographs*
  • Evidence of support that both are legally able and willing to conclude a valid marriage in the United States. Also, evidence must be put forth that they have previously met in person within the past two years unless the Attorney General waives that requirement. As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the foreign national fiancee. If found eligible, a visa will be issued, valid for one entry during a period of six months.

After arriving in the United States, the foreign national fiancee must apply for work authorization with CIS. The marriage must take place within 90 days of admission into the United States. Following the marriage, the foreign national must apply to CIS to establish a record of entry for conditional permanent residence status. After two years, the foreign national may apply to the CIS for removal of the conditional status.

The unmarried, minor children of a the K-1 foreign national fiancee may derive “K-2″ nonimmigrant visa status from the parent so long as the children are named in the petition. A separate petition is not required if the children accompany or follow the foreign national fiancee within one year from the date of issuance of the K-1 visa. However after that one year period, a separate immigrant visa petition would be required.

Indeed, if your fiancee is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancee. After the petition is approved, your fiancee must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancee entering the United States. If the marriage does not take place within 90 days or your fiancee marries someone other than you (the U.S. citizen filing USCIS Form I-129F – Petition for Alien Fiance, your fiancee will be required to leave the United States. Until the marriage takes place, your fiancee is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancee may not obtain an extension of the 90-day original nonimmigrant admission.

If your fiancee intends to live and work permanently in the United States, your fiancee should apply to become a permanent resident after your marriage. (If your fiancee does not intend to become a permanent resident after your marriage, your fiancee/new spouse must leave the country within the 90-day original nonimmigrant admission.) Please note, your fiancee will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status.

Please note: Your fiancee may enter the United States only one time with a fiancee visa. If your fiancee leaves the country before you are married, your fiancee may not be allowed back into the United States without a new visa.

Who is Eligible
U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancee classification (K-1) for their fiancee. You and your fiancee must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancee in person within the last two years before filing for the fiancee visa. This requirement can be waived only if meeting your fiancee in person would violate long-established customs, or if meeting your fiancee would create extreme hardship for you. You and your fiancee must marry within 90 days of your fiancee entering the United States.

You may also apply to bring your fiancee’s unmarried children, who are under age 21, to the United States.

Will I Get a Work Permit?
After arriving in the United States, your fiancee will be eligible to apply for a work permit. (You should note that USCIS might not be able to process the work permit within the 90-day time limit for your marriage to take place.) If your fiancee applies for adjustment to permanent resident status, your fiancee must re-apply for a new work permit after the marriage.

How Can I Appeal?
If your petition for a fiancee visa is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. Your appeal must be filed on USCIS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. (Sending the appeal and fee directly to the AAU will delay the process.)

A citizen of a foreign country who would like to come to the United States to then marry a U.S. citizen and reside in the United States will have to obtain a K-1 visa.

Further Inquiries

If you have any questions, you should contact Immigration Solutions Group by clicking here for an appointment.