Disclaimer: We are not a law firm or affiliated with any government agency. We’re a privately owned business that provides Immigration, Tax, Court and Notary services. We are not a licensed attorney and by law cannot provide legal advice. We can listen to your concerns and refer you to a list of attorneys who may be able to assist you. All our prices doesn’t include government filing fees. Most matters concerning immigration have specific processing times based on the type of petition filed. Unfortunately, those times are procedural in nature, therefore processing times cannot be changed
Visas for Fiancé of U.S. Citizens
If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). The K-1 nonimmigrant visa is also known as a fiancé(e) visa.
In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.
If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).
If you have already married, plan to marry outside the United States, or your fiancé(e) is already residing legally in the United States, your spouse or fiancé(e) is not eligible for a fiancé(e) visa. Go to the Bringing Spouses to Live in the United States as Permanent Residents page for more information about how to help your foreign spouse apply for a Green Card.
You may be eligible to bring your fiancé(e) to the United States on a fiancé(e) visa if you meet the following requirements:
- You are a U.S. citizen;
- You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)’s admission to the United States on a K-1 nonimmigrant visa;
- You and your fiancé(e) are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment); and
- You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition. You may request a waiver of this in-person meeting requirement if you can show that meeting in person would:
- Violate strict and long-established customs of your fiancé(e)’s foreign culture or social practice; or
- Result in extreme hardship to you, the U.S. citizen petitioner.
If your fiancé(e) has a child who is under 21 and unmarried, the child may be eligible to come to the United States on a K-2 nonimmigrant visa. You must include the names of your fiancé(e)’s children on the Form I-129F if you wish to bring them to the United States. The children must continue to be unmarried and under 21 in order to be admitted to the United States as K-2 nonimmigrants. They may travel with your fiancé(e) or later, but they cannot travel to the U.S. before your fiancé(e).
If you and your fiancé(e) married within 90 days of your fiancé(e)’s admission into the U.S., your fiancé(e)’s children who were admitted as K-2 nonimmigrants may also apply for a Green Card by filing Form I-485 with USCIS. However, K-2 nonimmigrant children must remain unmarried in order to be eligible for a Green Card. K-2 nonimmigrant children should apply for a Green Card at the same time or after your fiancé(e).
After being admitted to the U.S. on a K-1 nonimmigrant visa, your fiancé(e) may immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization. In this case, your fiancé(e)’s work authorization is valid for only 90 days after his or her entry into the U.S.
Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments.
K-1 and K-2 nonimmigrant status automatically expires after 90 days and cannot be extended. Generally, your fiancé(e) and his or her children must leave the United States at the end of the 90 days if you do not marry. If they do not depart, they will be in violation of U.S. immigration law. This may result in removal (deportation) and could affect their future eligibility for U.S. immigration benefits.
However, if you marry your fiancé(e) after the 90 day period, you may file a Form I-130, Petition for Alien Relative. Go to the Bringing Spouses to Live in the United States as Permanent Residents page for more information about how to help your foreign spouse get a Green Card. Generally, your fiancé(e) may not apply for a Green Card on any other basis besides marriage to you.
What We Will Do For You
Our highly professional staff will work closely with you to obtain the information needed to accurately complete your immigration documents. Our immigration service simplifies the process of filing out U.S. immigration application helping to reduce errors that can cause rejection. You can file USCIS forms yourself but failure rate is extremely high. The USCIS rejects millions of forms yearly and can even create long-term immigration problems.
