If your fiancé is not a United States citizen, you must file for a K-1 (fiancé) visa before you can be legally wed.In order to be eligible to petition for a K-1 visa, you must be a citizen of the United States.To file for petition, you, as the United States citizen, must petition for your fiancé by filing a I-129F petition with your USCIS office. You must also provide proof of the following:
- You and your fiancé are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
- There is a bona fide intention to marry within 90 days of your fiancé’s entry into the United States.
- You met each other, in person, at least once within two years of filing for your petition. USCIS can waive this requirement if you apply.
Within two to three weeks after a Service Center receives and processes the petition, you will receive a First Notice of Action acknowledging that your K-1 petition has been opened.
In four to six months, you will receive a Second Notice of Action once your K-1 petition has been approved. Upon approval, the USCIS will notify the consulate, and the petition will be valid for four months. If your USCIS denies the petition, you can appeal the decision to USCIS’s Administrative Appeals Office using form I-290B.
After approval, you must request that your American Embassy open a provisional case file for your fiancé. You will then receive and complete Packet 3. Your case will then be forwarded by your Service Center to the National Visa Center, and then to the U.S. Embassy in your fiancé’s country. The U.S. Embassy will issue Packet 4 to your fiancé with a checklist of items and paperwork to be completed. It will also give further instructions on how to obtain medical exams and to schedule a visa interview.
After completing the interview, your fiancé will be admitted to the U.S. for 90 days for the wedding. Then, your spouse can apply for a Social Security number, and you should obtain a marriage certificate. Your spouse should also apply for an adjustment of status to become a conditional permanent resident, as well as employment authorization.
Don’t wait to marry your fiancé. Apply for a K-1 visa today!
The best way to determine your eligibility is to contact Belmonte Law Firm. We can schedule a free consultation with an immigration attorney to discuss your situation and figure out your next steps.