Who is Eligible for a Fiancee Visa - K-1 Visa?

From the USCIS
U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancee visa classification (K-1) for their fiancee. You and your fiancee must be free to marry.

This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancee in person within the last two years before filing for the fiancee visa.

This requirement can be waived only if meeting your fiancee in person would violate long-established customs, or if meeting your fiancee would create extreme hardship for you.

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This is called the K2 Fiancee Visa.

Application Procedures for a Fiancee Visa (K1 Visa)

Bringing a fiancee to Live in the United States

Only a U.S. citizen may file USCIS Form I-129F (Petition for Alien fiancee) on behalf of a fiancee. The U.S. citizen filing the petition must provide the following items to the U.S. Citizenship and Immigration Services:

• Form I-129F Petition for Alien fiancee (if your fiancee has unmarried children who are under 21, they are eligible to accompany your fiancee, but only if they are listed on this form.)
• Evidence of your U.S. citizenship - your original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship.
• 2 Form G-325A Biographic Data Sheets (one for you and one for your fiancee)
• One color photo of you and one of your fiancee taken within 30 days of filing
• A copy of any divorce decrees, death certificates, or annulment decrees if either you or your fiancee have been previously married.
• Proof of permission to marry if you or your fiancee are subject to any age restrictions. (For instance, in some U.S. states, you must receive special permission to marry if you are under the age of 16.)

After your wedding, your new spouse must then apply for an Adjustment of Status, Form I-485. This application will give your husband or wife a permanent resident status once approved. They may also apply for an Employment Authorization Document (EAD), and "advance parole". This will allow the foreign spouse to travel outside of the United States and come back before they receive their green card.

Your spouse can wait for up to one year or even more before you both are interviewed for "Conditional" permanent resident status. This is what is commonly referred to as a Green Card. The Green card is conditional on you both remaining married for two years. After the two years, your spouse can you can apply to have the "Conditional" status removed and approximately three years later they can apply for U.S. Citizenship.

When applying for a Fiancee Visa (k1 Visa) , make sure you read and follow the instructions.