Non-Immigrant Visas

Fiance(e)s

A citizen of a foreign country who would like to come to the United States to marry an American citizen and reside in the U.S. will have to obtain a K-1 visa.

Petition

To establish K-1 visa classification for an alien fiance(e), an American citizen must file a petition, Form I-129F , Petition for Alien Fiance(e), with the Immigration and Naturalization Service (INS) having jurisdiction over the place of the petitioner's residence in the United States. Such petitions may not be adjudicated abroad. The approved petition will be forwarded by INS to the American consular office where the alien fiance(e) will apply for his or her visa. A petition is valid for a period of four months from the date of INS action, and may be revalidated by the consular officer.

Visa Ineligibility / Waiver

Applicants who have a communicable disease, or have a dangerous physical or mental disorder; are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution; are likely to become a public charge; have used fraud or other illegal means to enter the United States; or are ineligible for citizenship, must be refused a visa. The two-year foreign residency requirement for former exchange visitors is also applicable. If found to be ineligible, the consular officer will advise the applicant if the law provides for a waiver.

Applying for a Fiance(e) Visa

The consular officer will notify the beneficiary when the approved petition is received and provide to the beneficiary the necessary forms and instructions to apply for a "K" visa. A fiance(e) visa applicant is an intending immigrant and, therefore, must meet documentary requirements similar to the requirements of an immigrant visa applicant. In addition to the standard required documentation the following documents are normally required:

• Birth certificate
• Divorce or death certificate of any previous spouse
• Police certificate from all places lived since age 16
• Medical examination
• Evidence of support
• Evidence of valid relationship with the petitioner

Other Information

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 two years unless the Attorney General waives that requirement. As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the fiance(e). If found eligible, a visa will be issued, valid for one entry during a period of six months.

After Entry into the U.S.

The alien fiance(e) must apply for work authorization with the INS. The marriage must take place within 90 days of admission into the United States. Following the marriage, the alien spouse must apply to the INS to establish a record of entry for conditional permanent residence status. After two years, the alien may apply to the INS for removal of the conditional status.

Additional Information

Family Members

The unmarried, minor children 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 fiance(e) within one year from the date of issuance of the K-1 visa. Thereafter, a separate immigrant visa petition is required.

Employment

The alien fiance(e) must apply for work authorization with the INS.

Further Inquiries

For questions on where to obtain the Form I-129F petition, and how and where to file it, contact your local INS office for details. For questions on processing the visa application at the American consular office overseas, contact that consular office.