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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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Once you take our free, easy to understand eligibility quizzes, our system will choose the best option for you. After answering simple questions, the appropriate immigration form will be generated for you. Our step-by-step instructions will tell you what to do next, how much to pay and where to send your form.

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Petition for Spouse, unmarried Children Under 21 and Parents Petition for Child (over 21) and Sibligs Petition for Alien Fiancé (Form I-129F)Provide Financial Support (I-864)Request a Certificate for U.S. Citizenship (Form N-600)Replacement of Citizenship Document (Form N-565)Become a U.S Sitizen (Form N-400)Aply for Work Permit (Form I-765)Green Card holder’s spouse or unmarried children Renewing or Replacing Resident Card (Form I-90)Provide Financial Support (Form I-864)Remove 2-year Marriage Condition (Form I-751)Advance parole (Form I-131)Victim of Abuse -VAWA (Form I-360)Apply for Refugee Travel Document (Form I-131)Permanent Status for Asylee or Refugee (Form I-485)Change Status (Form I-539)Apply for Asylum (Form I-589)U.S. Citizen’s Spouse, minor Children and Parents U.S. Citizen's Child (over 21) and Sibligs Spouse or unmarried Children of Green Card holder Aply for Fiancé Visa (Form I-129F)Victim of Abuse (VAWA) (Form I-360)Apply for permission to re-enter the U.S (Form I-131)Intracompany Transferee L-1 Green Card via a job offer Extraordinary Ability (O -Visa)Apply for DACA (Form I-821d)Renew DACA Status

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We provide you with all immigration forms you will need to submit to the USCIS and receive a positive result. Our forms are customised to ensure that you fully understand all questions and provide accurate answers in all required fields

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Once you fill out your immigration form(s) our system will generate a customized checklist of documents you will need to submit to the USCIS with your immigration case. You can easily upload your documents into our system and request an attorney review to ensure that they are accurate and sufficient

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No Mistakes. Simplified quizzes ensure that you understand the questions so that you can give complete and accurate answers.
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Document Check list. Predefined and customized list of all supporting documents based on your immigration case and your answers.
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Do you know if you are eligible to apply?+-

All our eligibility quizzes are prepared by experienced immigration attorneys and are easy to use and understand. It only takes several minutes to complete a quiz andfind outif you alleligible to apply. If you pass the quiz we will automatically choose all required forms for your immigration case.

Do you know what immigration form(s) to use?+-

We provide you with all immigration forms you will needto submit tothe USCIS and receive a positive result. Our Questionaries are customized to ensure that you fully understand all questions and provide accurate answers in all required fields.

Do you know what documents and/or evidence to submit with your application?+-

Once you fill out your immigration form(s) oursystem will generate a customized checklist ofdocuments you will needto submit to the USCIS with your immigration case. You can easily upload your documents into oursystem and request anattorney review toensure that they are accurate and sufficient.

Do you know the amount of the government fee(s) you need to pay?+-

Get detailed fees instruction andexample how write your check to USCIS

Do you know where to file the your immigration package?+-

Once your application ready tobe filed you will be provided with detailed instructions onwhere to file and FREE Shipping to USCIS from you home. Also what to expect after your case is filed with the USCIS.

“Erik and I didn’t want to be away from each other any longer than we had to. Thanks to getting the right help, my fiancée and I can be together without much waiting.“

Rita M.
GHENT, BELGIUM

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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:
1. Affidavits of US petitioner and fiancé-beneficiary attesting to the relationship;
2. Affidavits of family or friends attesting to the relationship;
3. Pictures of the US petitioner and fiancé-beneficiary together;
4. Evidence of meeting of the US petitioner and fiancé-beneficiary;
5. Letters and other correspondences between the US petitioner and fiancé- beneficiary;
6. Statements from any accounts that the US petitioner and fiance-beneficiary share;
7. Proof of wedding plans;
Proof of citizenship of the US petitioner; and
Copies of previous divorce decrees (if applicable).

Following a review of the petition and supporting documentation, if USCIS approves the petition it will be forwarded to the appropriate US consulate for further processing.

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.

Once the Consulate issues the visa, it will be conditioned upon the fiancé/beneficiary marrying the U.S. citizen petitioner. The marriage must occur within 90 days of the fiancé/beneficiary’s arrival in the US. After the marriage a green card application should be filed.

Frequently Asked Questions

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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Our online software makes it so easy to complete your immigration paperwork

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Usimmigrationforms.com is not a law firm. We do not provide legal advise or opinion to our customers. If you have a complicated case or need to receive a legal advise please consult with an experienced immigration attorney.

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