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What you should know about the fiancé(e) visa

On Behalf of | Aug 16, 2023 | Immigration Law

If you have a non-citizen fiancé(e), the U.S. Citizenship and Immigration Services (USCIS) may allow you to bring them to the U.S. to get married. To do this, you will file a Form I-129F, Petition for Alien Fiancé(e) to obtain a fiancé(e) or K-1 nonimmigrant visa.

Here are a few things you should know about the requirements for this type of visa.

You should have met at least once within two years before filing

You and your fiancé(e) should have met in person within two years before filing your petition. This requirement helps ensures that your relationship is genuine.

If you can prove that meeting your fiancé(e) in person would have violated strict and long-established norms of their foreign culture, religion or social practices or resulted in extreme hardship to you, the USICS can allow you to waive this requirement.

You can bring their children to the U.S.

If your fiancé(e) has children under 21 and unmarried, they may be eligible to come to the U.S. on a K-2 nonimmigrant visa. You will include their names on the Form I-129F.

You need to marry within 90 days

You and your fiancé(e) must get married within 90 days of being admitted to the U.S. If you fail to do so, your fiancé(e) and their children must leave the country. K-1 and K-2 nonimmigrant status can’t be extended.

You need specific documentation and evidence

When you file Form I-129F, you will provide the USCIS with certain documents to determine eligibility and recognize your relationship. This includes evidence of things like your U.S citizenship and proof that you and your fiancé(e) legally terminated any previous marriages. The USCIS will mail you a request if they want additional information.

It’s vital to be informed when applying for a K-1 nonimmigrant visa. Having legal guidance can help you avoid costly mistakes and unnecessary delays.