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USCIS application
procedures:
Fiancé(e) Visa (K-1) |
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(Temporary Stay in the USA)
This visa is for those who have a fiancé(e) who is already a U.S. citizen or lawful permanent resident. You may apply for this temporary visa (K-1) which allows you to live and work temporarily in the United States for a 90-day period on the basis of your engagement to a U.S. citizen or lawful permanent resident.
It is expected that you will marry your fiancé(e) within that 90-day period. You will then apply for an adjustment of status to conditional "Permanent Residence".
Who Can Apply?
- You must have met your fiancé(e)—who is a U.S. citizen—in person, within the past two years, you practice a religion or come from a certain cultural practice that forbids couples to meet before marriage. Furthermore, you may be exempted from this requirement if you can prove that the need to meet your fiancé(e) in person would result in extreme hardship for you.
- Both you and your fiancé(e) must be legally able to marry. For example, you or your fiancé(e) are in the middle of divorce or annulment proceedings, you must submit documents proving that you have completed those proceedings.
- You must prove that you and your fiancé(e) have a genuine interest to get married within 90 days of your arrival in the United States.
Note: These explanations apply for a fiancé(e) of a United States citizen who intends to marry in the United States. However, if the fiancé will marry in the US and then will return to her or his permanent residence abroad after the wedding may only need a Visitor Visa.
How do I Apply?
- The first step involves applying for a visa petition (I-129F Petition for Alien Fiancé(e)) and supporting documents.
- If the Petition is approved, you will now file a formal application for your K-1 visa with the U.S. consulate in your home country.
If the Petition is denied, you will can file a Motion to Reopen and submit new evidence or make corrections or you can enter a more formal appeal process.
- If your marriage takes place within 90 days of your arrival in the U.S., you must file an Application for Adjustment of Status (Form I-485 and supporting documents) that will provide you with conditional permanent residence status. This status is valid for two years. After two years, you can file a joint petition (form I-751) to remove this conditional status and give you permanent residency status.
What do I do Now?
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