Filing the Fiancee
Visa Petition
You must file the Petition for Alien
fiancee, Form I-129F with the Department of Homeland Security's U.S.
Citizenship and Immigration Services (USCIS) office that serves the
area where you live. Note: You cannot file this petition at an
embassy, consulate or U.S. immigration office abroad.
After the USCIS approves the petition, it sends the petition to
National Visa Center for processing, prior to being sent the embassy
or consulate where your fiancee will apply for a K-1 nonimmigrant visa
for a fiancee.
Extending the
Petition for a Fiancee Visa
The I-129F petition is valid for four
months from the date of approval from USCIS. Consular officers can
extend the validity of the petition (revalidate the petition) if it
expires before the processing of the visa application is completed.
A fiancee Is Also
an Immigrant
Because a fiancee visa permits
the holder to immigrate to the U.S. and marry an American citizen
shortly after arrival in the United States, the fiancee must meet some
of the requirements of an immigrant visa.
Applying for a
Fiancee Visa
The consular section at the embassy
or consulate where you, the fiancee of an American citizen, will apply
for a visa tells you of any additional specific requirements, such as
where you need to go for the required medical examination. The
following is required:
A passport valid for travel to the United States and with a validity
date at least six months beyond the applicant's intended period of
stay in the United States.
- Birth certificate
- Divorce or death certificate of
any previous spouse for both the applicant and the petitioner
- Police certificate from all
places lived since age 16
- Medical examination
(vaccinations are optional, see below)
- Evidence of financial support
(Form I-134, Affidavit of Support may be requested.)
- Two Nonimmigrant Visa
Applications, Form DS-156 (A Form DS-156, prepared in duplicate.)
- One Nonimmigrant fiancee Visa
Application, Form DS-156K
- Two nonimmigrant visa photos
(each two inches 50 X 50 mm square, showing full face, against a
light background)
- Evidence of a fiancé
relationship
- Payment of fees, as explained
below.
The consular officer may ask for
additional information according to the circumstances of the case.
Documents in foreign languages should be translated.
Take clear, legible photocopies of civil documents, such as birth and
marriage certificates, to the interview. Original documents can then
be returned to you.
Fees - How Much Does
It Cost to Apply For A Fiancee Visa?
Fees are charged for the following
services:
- Filing an Alien fiancee
Petition, Form I-129F
- Nonimmigrant visa application
processing fee
- Medical examination (costs vary
from post to post)
- Fingerprinting fees, if required
Other costs may include translation
and photocopying charges, fees for getting the documents required for
the visa application (such as passport, police certificates, birth
certificates, etc.), and expenses for travel to the embassy or
consulate for an interview. Costs vary from country to country and
case to case.
Filing Form I-485 Application to Register Permanent Residence or to
Adjust Status
Vaccination
Requirements
All applicants for immigrant visas are required to have the following
vaccinations if appropriate for age, medical condition or medical
history:
Mumps
Measles
Rubella
Polio
Tetanus and diptheria toxoids
Pertussis
Influenza type B
Hepatitis B
Varicella
Pneumococcal
As a fiancee, you are not required to fulfill this requirement at the
time of your medical examination for a fiancee visa. However,
you may want to do so. These vaccinations are required when you adjust
status following your marriage.
What Must Happen
After Getting the fiancee Visa?
After getting the fiancee visa,
your fiancee enters the U.S. through a U.S immigration port-of-entry.
The U.S. immigration official gives your fiancee instructions on what
to do when he/she enters the United States. You must get married
within 90 days of your fiancee’s entry into the United States.
After marriage, your spouse must file Form I-485 Application to
Register Permanent Residence or to Adjust Status with the USCIS office
that serves the area where you live in the United States. You must
fill out the Affidavit of Support, Form I-864, with the USCIS for your
spouse's application to become a lawful permanent resident (LPR).
Can a K-1 Visa Holder Leave the United
States?
The K-1 visa allows a fiancee to enter the United States one time
only. If you leave the United States after entering on a K-1 visa, you
may not re-enter on the same visa. If you want to leave and re-enter
the United States, you should apply with Form I-131 Application for
Travel Document to the USCIS office that serves the area where you
live for advance parole to return to the United States. See Emergency
Travel for information on how to get a travel document that allows you
to return to the United States.
Can a K-1 Visa Holder Work in the United
States?
As a K-1 visa holder you may file Form I-765 Application for
Employment Authorization with the USCIS office that serves the area
where you live for a work permit (employment authorization document).
For more information see How Do I Get a Work Permit (Employment
Authorization Document )?
Children Have Derivative Status
The child of a fiancee may receive a derivative K-2 visa from his/her
parent’s fiancee petition. You, the American citizen petitioner, must
make sure that you name the child in the I-129F petition. After the
marriage of the child’s parent and the American citizen, the child
will need a separate form I-485 Application to Register Permanent
Residence or to Adjust Status. The child may travel with (accompany)
the K-1 parent/fiancee or travel later (follow-to-join) within one
year from the date of issuance of the K-1 visa to his/her parent. A
separate petition is not required if the children accompany or follow
the alien fiancee within one year from the date of issuance of the K-1
visa. If it is long than one year from the date of visa issuance, a
separate immigrant visa petition is required.
Remember that in immigration law a child must be unmarried. The
stepparent/stepchild relationship must be created before the child
reaches the age of 18.
How Long Does It
Take To Get A Fiancee Visa?
The length of time varies from case
to case according to its circumstances. The time it takes each USCIS
office and each consular office to process the case varies. Some cases
are delayed because the applicant does not follow instructions
carefully or supplies incomplete information. (It is important to give
correct addresses and telephone numbers.) In addition the embassy or
consulate may need to get security clearances for the applicant.
Security clearances take time.
What If the
Applicant Is Ineligible for a Fiancee Visa?
Certain conditions and activities may
make an applicant ineligible for a visa. Examples of these
ineligibilities are:
- Trafficking in Drugs
- Having HIV/AIDS
- Overstaying a previous visa
- Practicing polygamy
- Advocating the overthrow of the
government
- Submitting fraudulent documents
The consular officer will tell you,
the applicant, if you are ineligible for a Fiancee Visa,
whether there is a waiver of the ineligibility and what the waiver
procedure is. |
