Bringing
my Fiance(e) to Live in the United States
Am I Eligible for a Fiancee Visa?
If you are
a U.S. citizen who wants to bring your foreign national
fiancee (male or female) to marry in the U.S., you
may apply for a fiancee visa (K-1) for your fiancee.
PREREQUISITES:
Both of you 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 fiancee in
person within the last two years before filing for
the fiancee visa. This requirement can be waived only
if meeting your fiancee in person would violate long-established
customs or would create extreme hardship for you.
You and
your fiancee MUST marry within 90 days of your fiancee
entering the United States.
Fiancee’s
Family Members
You may also
apply (on the same petition) to bring your fiancee's
unmarried children, who are under age 21, to the United
States.
Legal permanent
residents may not file petitions for fiancee visas,
although they may petition for the immigration of
their
new spouse after the wedding.
The Fiancee Visa
Process
After your
petition is approved, your fiancee must obtain a visa
issued at a US Embassy or Consulate abroad. Your fiancee
must remain unmarried until the arrival of the fiancee
in the U.S.
The marriage
must take place within 90 days of your fiancee entering
the United States.
If the marriage
does not take place within 90 days or your fiancee
marries someone other than you (the U.S. citizen filing
the petition), your fiancee will be required to leave
the United States.
Until the
marriage takes place, your fiancee is considered a
nonimmigrant. A nonimmigrant is a foreign national
seeking to temporarily enter the United States for
a specific purpose. NOTE: A fiancee may not obtain
an extension of the 90-day original nonimmigrant admission.
If your fiancee
intends to live and work permanently in the United
States, your fiancee should apply to become a permanent
resident after your marriage. (If your fiancee
does not intend to become a
lawful permanent resident after your marriage,
your fiancee/new spouse must leave the country within
the 90-day original nonimmigrant admission.)
Your new spouse
will initially receive 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.
IMPORTANT:
Your fiancée may enter the United States only
once with a fiancée visa. If your fiancee leaves
the United States before you are married, your fiancee
may not be allowed back into the US without a new
visa.
Work Permits
After arriving
in the United States, your fiancee will be eligible
to apply for a work permit. (You should note that
USCIS might not be able to process the work permit
within the 90-day time limit for your marriage to
take place.) Your fiancee should use Form I-765 to
apply for a work permit.
NOTE:
If your fiancee applies for adjustment to permanent
resident status after the wedding, your fiancee must
re-apply for a new work permit.
How Can I Appeal
a Denial of my Fiancee Visa?
If your petition
for a fiancee visa is denied, the denial letter will
tell you how to appeal. Generally, you may appeal
within 33 days of receiving the denial by mail. Your
appeal must be filed on USCIS Form I-290B. The appeal
must be filed with the office that made the original
decision. After your appeal form and a required fee
are processed, the appeal will be referred to the
Administrative Appeals Unit (AAU) in Washington, DC. |
