K1 Visa – Fiancee

Home Visas K1 Visa – Fiancee

How Do I Bring My Fianc?(e) to the United States?

Background

If your fianc?(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 USCIS on behalf of your fianc?(e). After the petition is approved, your fianc?(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fianc?(e) entering the United States. If the marriage does not take place within 90 days or your fianc?(e) marries someone other than you, your fianc?(e) will be required to leave the United States. Until the marriage takes place, your fianc?(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fianc?(e) may not obtain an extension of the 90-day original nonimmigrant admission.

If your fianc?(e) intends to live and work permanently in the United States, your fianc?(e) should apply to become a permanent resident after your marriage. (If your fianc?(e) does not intend to become a permanent resident after your marriage, your fianc?(e)/new spouse must leave the country within the 90-day original nonimmigrant admission.) Please note, your fianc?(e) 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.

Your fianc?(e) may enter the United States only one time with a fianc?(e) visa. If your fianc?(e) leaves the country before you are married, your fianc?(e) may not be allowed back into the United States without a new visa.

What Does the Law Say?

The Immigration and Nationality Act (INA) is a law that governs the admission of people into the United States. For the part of the law concerning fianc?(e) (K-1) visas, please see INA ? 214. The specific eligibility requirements and procedures for applying for the fianc?(e) (K-1 K1) classification are included in the Code of Federal Regulations [CFR] at 8 CFR ? 214.2(k).

Who is Eligible?

U.S. citizens who will be getting married to a foreign national in the United States may petition for a fianc?(e) classification (K-1 K1) for their fianc?(e). You and your fianc?(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 fianc?(e) in person within the last two years before filing for the fianc?(e) visa. This requirement can be waived only if meeting your fianc?(e) in person would violate long-established customs, or if meeting your fianc?(e) would create extreme hardship for you. You and your fianc?(e) must marry within 90 days of your fianc?(e) entering the United States.

You may also apply to bring your fianc?(e)’s unmarried children, who are under age 21, to the United States.

Will I Get a Work Permit?

After arriving in the United States, your fianc?(e) 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.) If your fianc?(e) applies for adjustment to permanent resident status, your fianc?(e) must re-apply for a new work permit after the marriage.

How Can I Check the Status of My Application?

Click on the menu button to the left, labeled “Check Case Status” and enter your file number.

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