Immigration Blog
October 22, 2024
Visas for Fiancé(e)s of US citizens (K1 nonimmigrant visa)
To bring a foreign fiancé(e) to the United States for the purpose of marriage, U.S. citizens can file a petition using Form I-129F, also known as the Petition for Alien Fiancé(e). This petition is a key step in obtaining a K-1 nonimmigrant visa, commonly referred to as the “Fiancé Visa.”
Here are the main points to consider when filing for a K-1 visa:
- The petitioner must be a United States citizen.
- Intention to Marry: The petitioner and the foreign fiancé(e) must intend to marry within 90 days of the fiancé(e)’s arrival in the US.
- In-Person Meeting: The couple must have met in person at least once within the two years preceding the filing of Form I-129F, unless an exemption applies.
- Eligibility to Marry: Both individuals must be legally free to marry, meaning they are either single or have legally terminated any previous marriages.
The Application Process
- Filing Form I-129F: The US citizen petitioner must file Form I-129F, Petition for Alien Fiancé(e), with USCIS.
- USCIS Approval: Once USCIS approves the petition, it is sent to the National Visa Center (NVC), which then forwards it to the US Embassy or Consulate in the foreign fiancé(e)’s country.
- Visa Interview: The foreign fiancé(e) will be scheduled for an interview at the US Embassy or Consulate, where they must present necessary documentation and demonstrate eligibility for the K1 visa.
Post-Visa Approval
- Single-Entry Visa: If the K1 visa is granted, it is valid for six months for a single entry into the United States.
- Marriage Requirement: The couple must marry within 90 days of the fiancé(e)’s entry into the United States.
- Non-Renewable Visa: The K1 visa cannot be renewed. If the marriage does not occur within 90 days, the fiancé(e) must leave the United States to avoid legal consequences, including possible deportation.
Post-Marriage Process
Adjustment of Status: After marriage, the foreign spouse can apply for permanent legal residency (a green card) through an Adjustment of Status application.
Important Considerations:
- Legal Permanent Residents (green card holders) cannot petition for a K1 visa; only US citizens can.
- The marriage must be entered in good faith with the intention of establishing a life together in the U.S.
- Background Checks: Both the U.S. citizen and the foreign fiancé(e) must pass background checks.
- Health and Vaccination Requirements: The foreign fiancé(e) must undergo a medical examination and meet vaccination requirements.
- Financial Support: The U.S. citizen petitioner must demonstrate the ability to financially support the foreign fiancé(e).
If you need more information or personalized advice, you can contact the office at 503-224-0950 for a free consultation. Attorney Diana Bailey has more than 20 years practicing Immigration law.