This page provides information for U.S. citizens wishing to bring a foreign
national fiancé(e) living abroad to the United States to marry.
If you plan to marry a foreign national outside the United States or your
fiancé(e) is already residing legally in the United States, you do not need to
file for a fiancé(e) visa. See the “Green Card” link to the right.
Eligibility Requirements
If you petition for a fiancé(e) visa, you must show that:
- You (the petitioner) are a U.S. citizen.
- You intend to marry within 90 days of your fiancé(e) entering the United
States.
- You and your fiancé(e) are both free to marry and any previous marriages
must have been legally terminated by divorce, death, or annulment.
- You met each other, in person, at least once within 2 years of filing your
petition. There are two exceptions that require a waiver:
1. If the
requirement to meet would violate strict and long-established customs of your or
your fiancé(e)’s foreign culture or social practice.
2. If you prove that the
requirement to meet would result in extreme hardship to you.
Application Process
- File Form I-129F, Petition for Alien Fiancé(e). See the links to the right
to download instructions and Form I-129F.
After the Fiancé(e) Visa is Issued
Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your
fiancé(e) to enter the United States for 90 days so that your marriage ceremony
can take place. Once you marry, your spouse may apply for permanent residence
and remain in the United States while USCIS processes the application.
Treatment of I-129F petitions where the Department of State (DOS)
refuses to issue the K-1 visa and returns the expired petition to
USCIS.
Once USCIS receives a consular returned I-129F for K-1 classification from
DOS and the petition has expired in accordance with 8 CFR214.2(k)(5), USCIS will
allow the petition to remain expired and will not reaffirm or reopen the
petition. Therefore, the petition will expire in normal course. Please note
that this will not preclude the petitioner from filing another petition.
Children of Fiancé(e)s
If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant
visa may be available to him or her. Be sure to include the names of your
fiancé(e)’s children on your Form I-129F petition.
Permission to Work
After admission, your fiancé(e) may immediately apply for permission to work
by filing a Form I-765, Application for Employment Authorization.
What happens if we do not marry within 90 days?
Fiancé(e) status automatically expires after 90 days. It cannot be extended.
Your fiancé(e) should leave the United States at the end of the 90 days if you
do not marry. If your fiancé(e) does not depart, he or she will be in violation
of U.S. immigration law. This may result in removal (deportation) and/or could
affect future eligibility for U.S. immigration benefits.
We want to make plans for our wedding. How long will this process
take?
Contact us at nikki@greencard4you.com and we will schedule you for an immigration consultation to answer all your questions.
Jacobson & Han
LLP
Los Angeles Immigration Lawyer
U.S. Immigration Lawyer