How Do I Bring My Fiancé(e) to the United States?
First, you must be a U.S. citizen. Next, you must submit a petition on behalf of your fiancé to the specified USCIS service center. If the petition is approved your fiancé will be able to apply for a K-1 visa at the U.S. embassy or consulate office in his/her country of origin. If approved, the K-1 visa will allow your fiancé to enter the U.S. for your marriage. The marriage must take place within 90 days of your fiancés entry. If not, your fiancé must leave the country.
If your fiancé intends to live and work permanently in the U.S., your fiancé must apply for lawful permanent resident status after your marriage. If your fiancé does not intend to become a permanent resident after your marriage, he/she must leave the country before expiration of the 90-days provided by the K-1 visa.
Your fiancé may enter the U.S. only once on the K-1 visa. If your fiancé leaves the country before you are married and before she becomes a lawful permanent resident, he/she may not be allowed back into the U.S. without a new visa.
What are the requirements for the K-1 visa?
In general, both individuals must: 1) be legally able to marry; 2) have the intent to marry within 90 days of the fiancés entry into the U.S.; and 3) show that they have personally met within the two years prior to the filing of the petition (or in the alternative that such requirement would result in extreme hardship to the U.S. citizen or the violation of the customs and/or social practices of either party).
How do I Apply?
See the Instructions for Form I-129F, which accompany Form I-129F, Petition for Alien Fiancé. Fiancé petitions are filed at the USCIS service center serving your area of residence.
Is my Fiancé Authorized to Work?
Your fiancé may apply for work authorization, however, as a practical matter it is not likely that the application will be timely processed for it to be of any use while in K-1 status. Once married your fiancé may also apply for work authorization with his/her application for lawful permanent resident status. As it is not unusual for applications for permanent resident status to take six to eight months to process, it generally makes more sense to apply for work authorization at this stage.
How Can I Check the Status of my Application?
You can check the status of your application/petition by calling the National Customer Service Center at 1-800-375-5283, or online at the USCIS website at www.uscis.gov.
Can anyone help me?
IYes. If you need assistance there are a number of resources provided by USCIS. You may also try locating local community-based or non-profit organizations which may provide free assistance. You can also obtain professional legal representation by contacting an attorney who practices U.S. Immigration and Nationality law.
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