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Fiance
In order for a foreign national and their future U.S. citizen spouse to avoid a long physical separation, a K-1 visa is issued to a non-U.S. fiancé(e). This enables the couple to get married in a timely manner and subsequently file a Green card petition with the USCIS. Minor children (under the age of 18) of a non-U.S. fiancé(e) are issued a K-2 visa.
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The United States created K-visa categories (K-1 and K-2) to speed up the immigration process for fiancé(e)s of U.S. citizens and their children who are under the age of 18. This allows the U.S. citizen and his/her loved one to be together before the marriage and continue the immigrant visa process after the marriage is complete.
To receive a K-1 visa, the U.S. citizen must first file a visa petition. The petition will be approved if the U.S. citizen can prove that he/she and the fiancé(e):
- Truly intend to get married
- Are legally able and willing to get married in the U.S. within 90 days after the noncitizen’s arrival
- Have met each other in person within the past two years (although the U.S. will sometimes make exceptions to this requirement)
After arriving in the U.S. and completing the marriage, the noncitizen will be able to apply for a Green Card.

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Do you know if you are eligible to apply?+-
Do you know what immigration form(s) to use?+-
Do you know what documents and/or evidence to submit with your application?+-
Do you know the amount of the government fee(s) you need to pay?+-
Do you know where to file the your immigration package?+-
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General instruction by USCIS
The first step of the K-1 visa process requires the U.S. citizen to file the K-1 visa petition. When filing the petition, the following should be included in the package to USCIS:
- Form I-129F, Petition for Alien Fiancé (unmarried children under 21 that are traveling with the fiancé or following to join in the U.S. may be included on this form);
- Form G-325A, Biographic Information (one for the US petitioner and one for the fiancé/beneficiary);
- Two passport sized photos of both the US petitioner and fiance-beneficiary (must be taken within 30 days of filing);
- Filing fee required for the Form I-129F;
- Evidence of the relationship between the US petitioner and fiancé-beneficiary, which may include, but it not limited to, the following items:
- Affidavits of US petitioner and fiancé-beneficiary attesting to the relationship;
- Affidavits of family or friends attesting to the relationship;
- Pictures of the US petitioner and fiancé-beneficiary together;
- Evidence of meeting of the US petitioner and fiancé-beneficiary;
- Letters and other correspondences between the US petitioner and fiancé- beneficiary;
- Statements from any accounts that the US petitioner and fiance-beneficiary share;
- Proof of wedding plans;
- Proof of citizenship of the US petitioner; and
- Copies of previous divorce decrees (if applicable).
Consular Processing of the Approved K-1 visa
Upon receipt of an approved K-1 petition from USCIS, the State Department will send a letter the beneficiary/fiancé explaining the steps required for issuance of the visa. Typically, the State Department will require the following documentation from the fiancé-beneficiary:
- State Department Form DS;
- Passport that is valid;
- Birth certificate;
- Evidence of divorce or termination of any previous marriages (if applicable);
- Police certificates;
- Two passport sized photos of the fiancé/beneficiary;
- Proof of engagement;
- Proof of medical examination and medical clearance; and
- Required filing fees.
My fiancé and I met on a dating website, can I bring her to the US on a fiancé visa?
Yes. There are certain requirements that must be met under the International Marriage Broker Regulation Act of 2005, to bring your fiancé to the US. Under this law, all petitioners must provide certified criminal records for all convictions relating to certain crimes, including but not limited to: domestic violence, sexual assault, child abuse and neglect, elder abuse, stalking, kidnapping, crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least 3 occasions, and more. In addition, the Petitioner must also notify USCIS if an international marriage broker was used to meet the fiancé/beneficiary. The law also requires that Petitioner obtains a waiver from USCIS if he/she has had a K-1 approved within the two years prior the current K-1 petition or has filed two or more K-1 petitions in the past. Waiver requests are examined based on the following factors:
- Existence of unusual circumstances (i.e. death or incapacity of previous beneficiary);
- History of domestic violence of the petitioner; and
- K-1 filing history of the petitioner.
What are the fees to the government required to bring my fiancé to the U.S.?
There are two steps to filing a fiancé visa petition and two different fees that must be paid. The first step requires the filing of the visa petition (Form I-129F) with USCIS. The filing fee for this form is $340. Once the petition is approved, your file will be sent to the State Department and an application fee of $265 must be paid to the State Department for issuance of the visa. Additional fees may be required in relation to supporting documents including the following: medical exam costs, copy fees, translation fees, police certificate fee, passport fee, birth certificate copy fee, and cost of travel to the U.S. Embassy or Consulate for the visa interview. These costs can vary by country.
Can I petition for my fiancé if I have my green card?
No. You must be a citizen to petition for a fiancé.
My fiancé/wife received a conditional green card, how does she receive a permanent green card?
A two year conditional green card is given to K-1 fiancés/beneficiaries where the marriage is less than 2 years old. Prior to the expiration of the conditional green card, your spouse will have to file a Form I-751 Petition to Remove Conditions, to obtain her permanent green card. In almost all situations your spouse will be given a conditional green card since your spouse will likely want to file for his/her green card immediately after marrying. Do not wait two years before filing the green card application to avoid the conditional green card since you are required to marry within 90 days of entry. Furthermore, if your fiancé/beneficiary fails to marry the petitioner within 90 days, he/she will become eligible for deportation from the U.S. and cannot obtain her green card by any other means, including marriage to a different U.S. citizen.
My fiancé arrived here on the K-1 visa, what is the next step to get her a green card?
First, you must marry your fiancé within 90 days of her arrival in the U.S. Once you are married, your fiancé should file the Form I-485 Application for Permanent Residence, along with the required supporting documents and filing fees with USCIS. An interview will then be scheduled that both you and your fiancé must attend. Provided the USCIS officer approves the application, your fiancé should receive her green card in the mail.
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Our online software makes it so easy to complete your immigration paperwork
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