The Immigration and
Nationality Act (INA) provides a nonimmigrant visa
classification, "K-1", for aliens coming to the
United States to marry U.S. citizens and reside in the U.S.
Requirements
How is Eligible?
How to apply?
REQUIREMENTS
- A U.S. citizen must file
an I-129F
petition with INS for the issuance of a K-1 fiancé(e)
visa to the alien fiancé(e).
- Both the U.S. citizen
exercising this option and the fiancé(e) must remain
unmarried until the arrival of the fiance(e) in the
U.S.
- The alien fiancé(e) and
U.S. citizen must have met personally at least once in
the two years before the petition was filed.
The marriage
between the U.S. citizen petitioner and the fiancé(e)
must take place within three months of the fiance(e)'s
arrival if the alien fiance(e) is to remain in status.
If
your fiancé(e) is not a citizen of the United States and
you plan to get married in the United States, then you
must file a petition with INS on behalf of your fiancé(e).
After the petition is approved, your fiancé(e) must
obtain a visa issued at a U.S. Embassy or consulate
abroad. The marriage must take place within 90 days of
your fiancé(e) entering the United States. If the
marriage does not take place within 90 days or your fiancé(e)
marries someone other than you (the U.S. citizen filing
INS Form I-129F - Petition for Alien Fiancé), your fiancé(e)
will be required to leave the United States. Until the
marriage takes place, your fiancé(e) is considered a
nonimmigrant. A nonimmigrant is a foreign national seeking
to temporarily enter the United States for a specific
purpose. A fiancé(e) may not obtain an extension of the
90-day original nonimmigrant admission.
If your fiancé(e) intends to
live and work permanently in the United States, your fiancé(e)
should apply to become a permanent resident after your
marriage. (If your fiancé(e) does not intend to become a
permanent resident after your marriage, your fiancé(e)/new
spouse must leave the country within the 90-day original
nonimmigrant admission.)
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How
is Eligible?
U.S.
citizens who will be getting married to a foreign national
in the United States may petition for a fiancé(e)
classification (K-1) for their fiancé(e). You and your
fiancé(e) must be free to marry. This means that both of
you are unmarried, or that any previous marriages have ended
through divorce, annulment or death. You must also have met
with your fiancé(e) in person within the last two years
before filing for the fiancé(e) visa. This requirement can
be waived only if meeting your fiancé(e) in person would
violate long-established customs, or if meeting your fiancé(e)
would create extreme hardship for you. You and your fiancé(e)
must marry within 90 days of your fiancé(e) entering the
United States.
You may also apply to bring your fiancé(e)'s
unmarried children, who are under age 21, to the United
States.
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How
to Apply?
Only a U.S. citizen may file INS
Form -129F (Petition for Alien Fiancé(e)) on behalf of
a fiancé(e). The U.S. citizen filing the petition must
provide the following items to the Immigration and
Naturalization Service (more complete instructions are on
INS Form I-129F):
- Form I-129F Petition for
Alien Fiancé(e) (if your fiancé(e) has unmarried
children who are under 21, they are eligible to
accompany your fiancé(e), but only if they are listed
on this form.)
- Evidence of your U.S.
citizenship - your original U.S. birth certificate, your
U.S. passport, your Certificate of Naturalization, or
your Certificate of Citizenship. (Please see INS Form
I-129F for information on the use of copies.)
- 2 Form
G -325A Biographic Data Sheets (one for you and one
for your fiancé(e))
- One color photo of you and
one of your fiancé(e) taken within 30 days of filing
(please see Form I-129F for more instructions on
photos).
- A copy of any divorce
decrees, death certificates, or annulment decrees if
either you or your fiancé(e) have been previously
married.
- Proof of permission to
marry if you or your fiancé(e) are subject to any age
restrictions. (For instance, in some U.S. states, you
must receive special permission to marry if you are
under the age of 16.)
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