Below are some general fiancee visa (K 1 visa) requirements:
If you are a U.S. citizen and your fianceé is a non U.S. citizen foreign national and you plan
to get married in the United States, then you must file a petition with USCIS for a K-1 visa on
behalf of your fianceé.
In order to qualify for the K-1 classification, the main fiancee visa requirement is that you and
your fianceé must:
You may also apply to bring your fianceé's unmarried, minor children under the age of 21, to
the United States.
Once the petition is submitted and subsequently approved, your fianceé will then have to
obtain a visa, which will be issued at a U.S. Embassy or consulate abroad. After your fiancee
receives said visa and arrives in the USA, the marriage must take place within 90 days of your
fianceé's arrival in the United States. If the marriage does not take place within that 90 day
period or your fianceé marries someone other than you (the U.S. citizen who filed the
Petition for Alien Fianceé), your fianceé will be required to leave the United States. Until the
marriage takes place, your fianceé will be considered a nonimmigrant, meaning a foreign
national seeking to temporarily enter the United States for a specific purpose. Accodring to
USCIS' regulations, a fianceé may not obtain an extension of the 90-day original
nonimmigrant admission.
If your fianceé intends to live and work permanently in the United States, your fianceé needs
to apply for adjustment of status to become a permanent resident after your marriage. (In the
case your fianceé does not intend to become a U.S. permanent resident after your marriage,
your fianceé/new spouse must leave the country within the 90-day original nonimmigrant
admission.) It is important to note that your fianceé will initially receive a conditional
permanent residence status for two years. Conditional permanent residency is granted when
the marriage creating the relationship is less than two years old at the time of adjustment to
permanent residence status. During the 90 day period preceding the expiration of the
conditional residency, your spouse must apply to remove the conditions on his or her
residence.
If you are a U.S. citizen and your fianceé is a non U.S. citizen foreign national and you plan
to get married in the United States, then you must file a petition with USCIS for a K-1 visa on
behalf of your fianceé.
In order to qualify for the K-1 classification, the main fiancee visa requirement is that you and
your fianceé must:
- Be free to marry -This means that both of you are unmarried, or that any previous
marriages have been terminated either through divorce, annulment or death. - Have met with your fianceé in person within the last two years before filing for the
fianceé visa. (The only way this requirement can be waived is if meeting your
fianceé in person would violate long-established customs, or if meeting your fianceé
would create extreme hardship for you.) - Marry within 90 days of your fiancé(e) entering the United States.
You may also apply to bring your fianceé's unmarried, minor children under the age of 21, to
the United States.
Once the petition is submitted and subsequently approved, your fianceé will then have to
obtain a visa, which will be issued at a U.S. Embassy or consulate abroad. After your fiancee
receives said visa and arrives in the USA, the marriage must take place within 90 days of your
fianceé's arrival in the United States. If the marriage does not take place within that 90 day
period or your fianceé marries someone other than you (the U.S. citizen who filed the
Petition for Alien Fianceé), your fianceé will be required to leave the United States. Until the
marriage takes place, your fianceé will be considered a nonimmigrant, meaning a foreign
national seeking to temporarily enter the United States for a specific purpose. Accodring to
USCIS' regulations, a fianceé may not obtain an extension of the 90-day original
nonimmigrant admission.
If your fianceé intends to live and work permanently in the United States, your fianceé needs
to apply for adjustment of status to become a permanent resident after your marriage. (In the
case your fianceé does not intend to become a U.S. permanent resident after your marriage,
your fianceé/new spouse must leave the country within the 90-day original nonimmigrant
admission.) It is important to note that your fianceé will initially receive a conditional
permanent residence status for two years. Conditional permanent residency is granted when
the marriage creating the relationship is less than two years old at the time of adjustment to
permanent residence status. During the 90 day period preceding the expiration of the
conditional residency, your spouse must apply to remove the conditions on his or her
residence.
| K-1 Fiancee Visa |
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