What is a Fiance Visa?
The K-1 Fiance Visa will allow a United States citizen to bring their foreign fiance to the United States in order for the two to get married. The United States citizen will need to file a Form I-129F, Petition for Alien Fiance in order to begin the process. The United States citizen and their fiance my must get married within 90 days of the fiance entering the United States. The petitioner must demonstrate that the marriage is valid and that the two have a bona fide intent to establish a life together and that the marriage is not for the purpose of receiving the immigration benefit.
What is required for a Fiance Visa?
In order for you bring your fiance to the United States, you must meet the following requirements:
- You must be a United States citizen
- You and your fiance must marry within 90 days of your fiance being admitted into the United States
- You and your fiance must both be able to legally marry each other as to not have a previous marriage that has not ended by a court order, death or annulment; and
- You and your fiance must have seen each in other in person within a 2 year period before you file your petition (This requirement can be waived under certain circumstances)
In some cases, if your fiance marries you within 90 days of being admitted into the United States, your spouse may be able to apply for lawful permanent resident status (Green Card) within the United States.
What is the Fiance Visa Process?
1. Preparing and filing the I-129F petition and obtaining approval from USCIS
2. Your approved I-129 petition is forwarded to the consulate or U.S. Embassy where the fiance beneficiary lives. There, the fiance beneficiary will obtain his or her visa at the consular post.
3. Upon issuance of the visa, the K-1 beneficiary can enter the United States and will be issued an I-94 that will be valid for 90 days
4. Within the 90 day period, the petitioner and K-1 beneficiary will need to marry
5. Upon marrying, the K-1 beneficiary will need to apply for Adjustment of Status by filing Form I-485 with USCIS
Can children come to the U.S. on a Fiance Visa?
Yes, if your fiance has a child under the age of 21 and unmarried, the child could be eligible to come to the U.S. The child's name must be included on the F-129 petition along with your fiance. The child could be issued a K-2 visa and will have to remain unmarried and under the age of 21 in order to be admitted into the United States. The child will not be able to travel to the United States before your fiance.
Can children obtain a Green Card if they are admitted on a Fiance Visa?
Yes, if the child came to the United States on a K-2 Visa and the fiance beneficiary married within 90 days of arriving to the United States, then the child may also apply for a Green Card by filing for Adjustment of Status.
Can my fiance work when he or she arrives to the United States?
Yes, upon arrival to the United States your fiance may apply for work authorization by filing Form I-175, Application for Employment Authorization. Additionally, your fiance can apply for work authorization after you two have married and when he or she applies for Adjustment of Status.
For more questions about the Fiance Visa, call our office to schedule a strategy session with with an immigration attorney, (888) 588-5717.