Fiancé(e)Visa

The immigration laws provide a nonimmigrant visa classification K-1 for persons coming to the United States to marry American citizens and reside here. A person who is already married to a U.S. citizen may apply for permanent residence through marriage but may not apply for a fiancée visa.

To establish K-1 visa classification for an alien fiancé(e), an American citizen must file a petition, Form I-129F, Petition for Relative or Fiancé(e), with the Regional Service Center of 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 fiancé(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.

Upon receipt of an approved petition, the American consular officer will notify the beneficiary and give him or her necessary forms and instructions to apply for a K visa. Since a fiancé(e) visa applicant is an intending immigrant, he or she must meet most of the same documentary requirements of an immigrant visa applicant. In addition to the prescribed application forms, Petitioner must prove the genuine nature of their relationship.

Both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States within 90 days of his/her arrival in U.S. 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 fiancé(e).