Immigrant Visas

Fiancé(e) Visas

A fiancé(e) is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place.  In general, the two people must have met in person within the two years preceding the date the petition was filed. The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement.

How Does a Fiancé(e) Visa Work?

In order for a foreign fiancé(e) to travel to the United States to marry an American citizen and live in the U.S, the American citizen must file Form I-129F, Petition for Alien Fiancé(e) in the United States.

Filing the Petition

The American citizen must file the Petition for Alien Fiancé(e) (Form I-129F) with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where he/she lives. See the Department of Homeland Security's USCIS Field Offices for information on where to file the petition. This petition CANNOT be filed at an embassy, consulate or U.S. immigration office abroad.

After USCIS approval, the petition is sent to the National Visa Center for processing. The petition is then forwarded to the embassy or consulate where the fiancé(e) will apply for a K-1 nonimmigrant visa for a fiancé(e).

A Fiancé(e) Is Also an Immigrant

Because a fiancé(e) visa permits the holder to immigrate to the U.S. and to marry an American citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa.

Applying for a Visa

The following is required for a fiancé(e) visa:

• A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.
  
• Original birth certificate (Extrait des Archives Nationales).
  
• Original divorce or death certificate of any previous spouse for both the applicant and the petitioner (Extrait des Archives Nationales).
  
• Medical examination (vaccinations are optional, see below).
  
• Evidence of financial support (Form I-134, Affidavit of Support).
  
• Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.).
  
• One Nonimmigrant Fiancé(e) Visa Application, Form DS-156K.
  
• Two nonimmigrant visa photos (each two inches, 50 X 50 mm square, showing full face, against a light background).
  
• Evidence of a fiancé(e) relationship such as photos, proof of the petitioner’s travel to visit the fiancé(e), letters, cards, phone bills, emails or other documents that demonstrate an ongoing relationship.    
  
• Payment of fees.
  

The consular officer may ask for additional information according to the circumstances of the case.

Bring clear, legible photocopies of civil documents, such as birth and marriage certificates, to the interview. Original documents can then be returned to you.

Fees - How Much Does It Cost?

Fees are charged for the following services:

• Filing an Alien Fiancé(e) Petition, Form I-129F
  
• Nonimmigrant visa application processing fee
  
• Medical examination
  
• Fingerprinting fees, if required
  
• Additional costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, birth certificates, etc.), and expenses for travel to the embassy or consulate for an interview. These costs vary on a case by case basis.
  
• Filing Form I-485 Application to Register Permanent Residence or to Adjust Status.
  

Vaccination Requirements

All applicants for immigrant visas are required to have the following vaccinations if appropriate for age, medical condition or medical history:

• Mumps
  
• Measles
  
• Rubella
  
• Polio
  
• Tetanus and diptheria toxoids
  
• Pertussis
  
• Influenza type B
  
• Hepatitis B
  
• Varicella
  
• Pneumococcal
  

Although fiancé(e)s are not required to fulfill this requirement at the time of the medical examination for a K-1 visa, most choose to fulfill it because vaccinations are required to adjust status following the marriage.

What Must Happen After Getting the Fiancé(e) Visa?

After receiving the K-1 fiancé(e) visa, the fiancé(e) will enter the United States through a U.S immigration port-of-entry. The U.S. immigration official will give the fiancé(e) instructions on what to do when he/she enters the United States. The fiancé(e) and the petitioning American citizen must be married within 90 days of the fiancé(e)’s entry into the United States.

After marriage, the American citizen spouse must file Form I-485 Application to Register for Permanent Residence or to Adjust Status with the USCIS office that serves the area where he/she lives in the United States. He/she must fill out the Affidavit of Support, Form I-864, with USCIS for the spouse's application to become a lawful permanent resident (LPR).

Can a K-1 Visa Holder Leave the United States?

The K-1 visa allows a fiancé(e) to enter the United States one time only. If he/she leaves the United States after entering on a K-1 visa, he/she may not re-enter on the same visa. In order to leave and re-enter the United States, the fiancé(e) should apply with Form I-131 Application for Travel Document to the USCIS office that serves the area where he/she lives for advance parole to return to the United States.

Can a K-1 Visa Holder Work in the United States?

A K-1 visa holder may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where he/she lives for a work permit (employment authorization document).

Children Have Derivative Status

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. The American citizen petitioner must make sure that the name of the child is included in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is more than one year from the date of visa issuance, a separate immigrant visa petition is required.

Per immigration law, a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

How Long Does It Take?

The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicant does not follow instructions carefully or supplies incomplete information. (It is important to give correct addresses and telephone numbers.) In addition the embassy or consulate may need to get security clearances for the applicant.

What If the Applicant Is Ineligible for a Visa?

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

• Trafficking in drugs
  
• Having HIV/AIDS
  
• Overstaying a previous visa
  

The consular officer will tell the applicant if he/she is ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is.

How Do I Find the Regulations on the K-1 Visa?

To read relevant information regarding Department of State regulations on K-1 fiancé(e) visas, please refer to the Foreign Affairs Manual (FAM) at: http://foia.state.gov/REGS/Search.asp.