Fiance' Visa

General information for fiancées/fiancés

The Immigration and Nationality Act provides nonimmigrant visa classification (K-1) for aliens proceeding to the United States to marry American citizens. The marriage must be concluded within 90 days of their admission into the United States. Following the marriage, the alien spouse must apply to the Department of Homeland Security (DHS) to establish a record of entry for conditional permanent residence status. After two years, the alien may apply to the Immigration Service for removal of the conditional status.

Petition

To establish K- I visa classification for an intended alien spouse, an American citizen must file a petition, Form I-129F, with the Department of Homeland Security (DHS) Regional Service Center having jurisdiction over the place of the petitioner's residence in the United States. Such petitions may not be adjudicated abroad. Both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States. The petitioner and beneficiary must have previously met in person within the past 2 years unless the Attorney General waives that requirement. The approved petition will be forwarded by INS to the American Consular office where the alien fiancée will apply for his or her visa. A petition is valid for a period of 4 months from the date of INS action, and may be revalidated by the consular officer.

Minor children

The minor unmarried children (under the ago of 21) of a K- 1 beneficiary derive "K-2" nonimmigrant visa status from the parent so long as the children are named in the petition. A separate petition is not required if the children accompany or follow the alien fiancée within one year from the date of issuance of the K- I visa. Thereafter, a separate immigrant visa petition is required.