Tips for U.S. Visa: Fiance(e)s
A
citizen of a foreign country who would like to come to the United States to marry an American citizen and reside in the U.S.
will have to obtain a K-1 visa.
PETITION
To establish K-1 visa classification for an
alien fiance(e), an American citizen must file a petition, Form I-129F, Petition for Alien Fiance(e), with the Immigration
and Naturalization Service (INS) having jurisdiction over the place of the petitioner's residence in the United States.
Such petitions may not be adjudicated abroad. The approved petition will be forwarded by INS to the American consular office
where the alien fiance(e) will apply for his or her visa. A petition is valid for a period of four months from the date of
INS action, and may be revalidated by the consular officer.
VISA
INELIGIBILITY/WAIVER
Applicants who have a communicable disease, or have a dangerous physical
or mental disorder; are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug
trafficking, and prostitution; are likely to become a public charge; have used fraud or other illegal means to enter the United
States; or are ineligible for citizenship, must be refused a visa. The two-year foreign residency requirement for former exchange
visitors is also applicable. If found to be ineligible, the consular officer will advise the applicant if the law provides
for a waiver.
APPLYING FOR A FIANCE(E) VISA
The consular
officer will notify the beneficiary when the approved petition is received and provide to the beneficiary the necessary forms
and instructions to apply for a "K" visa. A fiance(e) visa applicant is an intending immigrant and, therefore, must
meet documentary requirements similar to the requirements of an immigrant visa applicant. The following documents are normally
required:
-- Valid passport
-- Birth certificate
-- Divorce or death certificate
of any previous spouse
-- Police certificate from all places lived since age 16
-- Medical examination
-- Evidence
of support
-- Evidence of valid relationship with the petitioner
-- Photographs*
*Two
photographs 1 and 1/2 inches square (37x37mm), showing full face, against a light background.
OTHER INFORMATION
Both petitioner and beneficiary must be legally able and willing
to conclude a valid marriage in the United States. The petitioner and beneficiary must have previously met in person within
the past two years unless the Attorney General waives that requirement. As soon as the processing of a case is completed and
the applicant has all necessary documents, a consular officer will interview the fiance(e). If found eligible, a visa will
be issued, valid for one entry during a period of six months. A non-refundable $45.00 application fee is collected.
AFTER ENTRY INTO THE U.S.
The alien fiance(e) must apply for work authorization
with the INS. The marriage must take place within 90 days of admission into the United States. Following the marriage, the
alien spouse must apply to the INS to establish a record of entry for conditional permanent residence status. After two years,
the alien may apply to the INS for removal of the conditional status.
ADDITIONAL INFORMATION
Family Members
The unmarried, minor children of a K-1 beneficiary
derive "K-2" nonimmigrant visa status from the parent so long as the children are named in the petition. A separate
petition is not required if the children accompany or follow the alien fiance(e) within one year from the date of issuance
of the K-1 visa. Thereafter, a separate immigrant visa petition is required.
Employment
The alien fiance(e) must apply for work authorization with the INS.
FURTHER INQUIRIES
For questions on where to obtain the Form I-129F petition, and how and where to file it,
contact your local INS office for details. For questions on processing the visa application at the American consular office
overseas, contact that consular office.
UNITED STATES DEPARTMENT
OF STATE
Bureau of Consular Affairs
Visa Services
August 2006
General visa
questions may be directed via e-mail to the State
Due to
the volume of inquiries, Visa Services cannot promise an immediate reply to your inquiry. However, to serve you better, please
indicate the subject of your inquiry on the subject line (e.g., fiancee visa ,student visa, visitor visa, worker visa, spouse
visa, affidavit of support, etc.) Inquiries on visa cases in progress overseas should contact the appropriate U.S. Embassy
or Consulate handling your case.
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