Immigration
Fiance Visa
What is a fiance visa and who can apply?
If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States to get married, you must file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1 non-immigrant visa for your fiancé(e). The K-1 nonimmigrant visa is also known as a fiancé(e) visa. If your fiancé(e) has a child/children, U.S. citizens can file for them too under K2 – a non-immigrant visa.
Non – Immigrant means a temporary visa, i.e., the individual/applicant will have to leave the country upon expiration of the visa status.
Requirements
In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e)
- Must intend to marry each other within 90 days of your fiancé(e) entering the U.S as a K-1 non-immigrant;
- Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and ;
- The marriage is not for the sole purpose of obtaining an immigration benefit.
If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 non-immigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card) through the Adjustment of Status process explained in our marriage petition criteria.
K-1 and K-2 non-immigrant status automatically expires after 90 days and cannot be extended. Generally, your fiancé(e) and his or her children must leave the United States at the end of the 90 days if you do not marry. If they do not depart, they will be in violation of U.S. immigration law. This may result in removal (deportation) and could affect their future eligibility for U.S. immigration benefits.