FIANCEE VISAS

As a US citizen, you can bring your fiance(e) to the US to get married. For that, you would need to file an I-129F petition with the US Citizenship and Immigration Services (USCIS - formerly INS) for your fiance(e). To be eligible for this petition, you and your fiance(e) must both be single and be willing and able to marry. Also, you and your fiance(e) must have met in person at least once in the two years before you file the petition. This requirement can be waived if such a meeting would violate established customs or cause extreme hardship.

Once the I-129F petition is approved, consular processing through the National Visa Center will begin. Your fiance(e) must apply for the K-1 Visa at the US Embassy or Consulate in his or her country. As a visa applicant, he or she must take a medical exam and provide a police certificate, among other requirements. If your fiance(e) has a criminal record or has previously been removed or deported from the United States, he/she may have to apply for a special waiver.

As a petitioner for your fiance(e), you must prove that you are financially able to take care of your fiance(e), and must submit tax returns, paystubs and a job letter to do so. Once all the documentation is ready, your fiance(e) should then schedule and attend his/her visa appointment. An approved I-129F petition will be valid for four months.

You can also apply to bring your fiance(e)’s children, who are unmarried and younger than 21 years old. If you are applying to bring your fiance(e)’s children to the US, you must also show that you are financially capable of taking care of the kids in addition to your fiance(e).

Once your fiance(e) enters the US, you must get married within the next 90 days. Your fiance(e) is eligible to apply for a work permit, which will only be good for 90 days. If you and your fiance(e) do not get married, or if your fiance(e) marries someone else, then he/she would have violated the terms of the K-1 Visa and would have to leave the United States. You and your fiance(e) may not obtain an extension of the 90-day period. In addition, your fiance(e) may enter the US only one time with the K-1 Visa . If your fiance(e) leaves the US before you get married, he or she may not be allowed back into the US without a new visa.

Once you get married within the 90-days period after your fiance(e)’s entry, he/she can apply for a conditional green card, as well as for a new work permit. If everything goes well and your now husband or wife receives a conditional green card, he/she will be able to file for removal of conditions of his/her temporary green card upon the two-year anniversary of your marriage.

If you need legal advice and assistance with fiance(e) visa, please call us to consult with one our experienced fiance visa attorneys at our toll-free number: 1-800-LAW-LINK or 1-800-529-5465.

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