Fiancee (K-1) Visa
An alien entering the United States to marry a U.S. citizen fiance or fiancee is classified as a nonimmigrant under K-1visa. The marriage must take place within ninety days of entry or the alien must leave the country. Petition must be filed by the U.S. citizen with USCIS on behalf of his/her fiance (e). After the petition is approved, the fiance (e) must obtain a visa issued at a U.S. Embassy or consulate abroad.
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This category is nonimmigrant in name only; in reality it is a transitional status for aliens who will be immediately eligible for permanent residence upon marriage. Please note, your fiance (e) 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. Your fiance (e) may enter the United States only one time with a fiance (e) visa. If your fiance (e) leaves the country before you are married, your fiance (e) may not be allowed back into the United States without a new visa
U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiance(e) classification (K-1) for their fiance(e). You and your fiance(e) 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 fiance(e) in person within the last two years before filing for the fiance(e) visa. This requirement can be waived only if meeting your fiance(e) in person would violate long-established customs, or if meeting your fiance(e) would create extreme hardship for you. You and your fiance(e) must marry within 90 days of your fiance(e) entering the United States.
You may also apply to bring your fiance(e)'s unmarried children, who are under age 21, to the United States.
- Form I-129F, to be filed only by a U.S. citizen on behalf of a fiance(e)
- Evidence of your U.S. citizenship - your original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship
- 2 Form G-325, a Biographic Data Sheets (one for the U.S. citizen and one for fiance(e))
- One color photo of you and one of your fiance(e) taken within 30 days of filing
- A copy of any divorce decrees, death certificates, or annulment decrees if either you or your fiance(e) have been previously married.
- Proof of permission to marry if you or your fiance(e) are subject to any age restrictions.
After arriving in the United States, the alien will be eligible to apply for a work permit. The alien should use Form- 765 to apply for a work permit. If the alien applies for adjustment to permanent resident status, he/she must re-apply for a new work permit after the marriage.
Stay and Extensions
An alien under K-1 visa can remain in the United States for ninety days, which cannot be extended. The alien must marry during that period or leave the United States. Once the marriage has taken place, the alien should apply to adjust the residency status. Generally, the alien at first obtains a two-year conditional residency and would have to file additional paperwork later for the conditions to be lifted.