Frequently Asked Questions
What is a “Fiancé”?
A fiancé is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place.
What about Arranged Marriages?
In general, in order to qualify for a fiancé(e) visa, the U.S. citizen and foreign national must have met in person within the past two years. However, the U.S. Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage.
How Does a Fiancé Visa Work?
If you are an American citizen and you want your foreign fiancé to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiancé in the United States. After the USCIS approves the petition, the petition is sent to the National Visa Center for additional processing, prior to sending it to the embassy or consulate where your fiancé will apply for a K-1 non-immigrant visa for a fiancé.
Can the K-1, Fiancé Visa be extended beyond the original validity period?
Generally, the I-129F petition is valid for four months from the date of approval from USCIS. However, Consular officers can extend the validity of the petition (revalidate the petition) if it expires.
How can my fiancé apply for permanent residency?
For immigration purposes, a fiancé is both a non immigrant and an intending immigrant. The fiancé visa allows a holder to immigrate to the U.S. and marry an American citizen. Once married, the fiancé visa holder can apply for an adjustment to that of a legal permanent resident.
What kind for financial support documents is required for a fiancé visa?
Since a K-1 fiancé visa is a nonimmigrant visa, you (U.S. citizen petitioner) should use the form I-134. Once married, the foreign national spouse will need to submit an I-864, Affidavit of Support as part of the adjustment application.
Does my fiancé have to obtain vaccinations or submit a medical examination before entering the U.S?
Vaccinations and medical examinations are required for those apply for or adjusting to immigrant status. Non immigrant visa holders are not required to submit to medical examinations or obtain vaccinations. But, since your fiancé will be applying for an adjustment of status after the marriage, he/she should get the proper vaccinations and medical exams done.
What happens once my fiancé’s K-1 visa is approved?
After getting the fiancé (e) visa, your fiancé may enter the U.S. through a U.S immigration port-of-entry. The two of you must get married within 90 days of your fiancé’s entry into the United States. Once married, your fiancé, now spouse, must file for an adjustment of status and submit a properly executed affidavit of support with the local USCIS office.
Can a K-1 Visa Holder Leave the United States?
The K-1 visa allows a fiancé to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the United States, you should apply with Form I-131 Application for Travel Document to the USCIS office that serves the area where you live for advance parole to return to the United States.
Can a K-1 Visa Holder Work in the United States?
As a K-1 visa holder you may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where you live for a work permit (employment authorization document).
Can my fiancé’s child come to the United States?
The child of a fiancé may receive a derivative K-2 visa from his/her parent’s fiancé petition. You, the American citizen petitioner, must make sure that the child is named in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need to file a separate application to adjust status.
The child may travel with (accompany) the K-1 parent/fiancé (e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé within one year from the date of issuance of the K-1 visa. If it is longer than one year from the date of visa issuance, a separate immigrant visa petition is required.
Remember that for immigration purposes a child must be unmarried and any stepparent/stepchild relationship must be created before the child reaches the age of 18.
How Long Does It Take?
The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicant does not follow instructions carefully or supplies incomplete information. (It is important to give correct addresses and telephone numbers.) Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer.
What If the Applicant Is Ineligible for a Visa?
Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:
• Trafficking in Drugs
• Having HIV/AIDS
• Overstaying a previous visa
• Practicing polygamy
• Advocating the overthrow of the government
• Submitting fraudulent documents
The consular officer will inform the applicant, if they are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is.
Can my fiancé apply for a social security card?
After your fiancé has been admitted into the United States, he/she can apply for a social security number card by visiting one of the Social Security offices in your local area.
Source: U.S. Department of State