Getting a Fiancee
Visa is possible - but you have to follow procedures
From the USCIS
If your fiancee is not a citizen of the United States and you plan to
get married in the United States, then you must file a petition with
USCIS on behalf of your fiancee.
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After the fiancee visa petition is approved, your
fiancee must obtain a visa issued at a U.S. Embassy or consulate
abroad. The marriage must take place within 90 days of your fiancee
entering the United States.
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If the marriage does not take place
within 90 days or your fiancee marries someone other than you (the
U.S. citizen filing USCIS Form I-129F - Petition for Alien fiancee),
your fiancee will be required to leave the United States. Until the
marriage takes place, your fiancee is considered a nonimmigrant.
A nonimmigrant is a foreign national
seeking to temporarily enter the United States for a specific purpose.
A fiancee may not obtain an extension of the 90-day original
nonimmigrant admission.
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If your
fiancee
intends to live and work permanently in the United States, your
fiancee
should apply to become a permanent resident after your marriage. (If
your fiancee
does not intend to become a permanent resident after your marriage,
your fiancee/new
spouse must leave the country within the 90-day original nonimmigrant
admission.)Who is Eligible For
a Fiancee Visa
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. You and your fiancee
must marry within 90 days of your fiancee entering the United States.
You may also apply to bring your fiancee's unmarried children, who are
under age 21, to the United States.
How Do I Apply For a
Fiancee Visa?
Fiancee petitions are filed at the
USCIS Service Center serving your area of residence.
Will I Get a Work Permit?
After arriving in the United States, your fiancee will be eligible to
apply for a work permit. (You should note that USCIS might not be able
to process the work permit within the 90-day time limit for your
marriage to take place.) Your fiancee should use Form I-765 to apply
for a work permit. If your fiancee applies for adjustment to permanent
resident status, your fiancee must re-apply for a new work permit
after the marriage. |
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How Can I Check the
Status of My Fiancee Visa Application?
Please contact the USCIS office that
received your application. You should be prepared to provide the USCIS
staff with specific information about your application.
How Can I Appeal The
Fiancee Visa Decision?
If your petition for a fiancee visa
is denied, the denial letter will tell you how to appeal. Generally,
you may appeal within 33 days of receiving the denial by mail. Your
appeal must be filed on USCIS Form I-290B. The appeal must be filed
with the office that made the original decision. After your appeal
form and a required fee are processed, the appeal will be referred to
the Administrative Appeals Unit (AAU) in Washington, DC. (Sending the
appeal and fee directly to the AAU will delay the process.) |
