If you are a US citizen and are engaged to someone who is not, there are several options for bringing your fiance(e) to the United States.
1. What is a Fiancé Visa/ K-1 visa? A fiancé or a K-1 nonimmigrant visa could be filed by a US citizen in order to bring the fiancé to the United States. In order to qualify: The petitioner must be a US citizen and not a lawful permanent resident The couple needs to have physically met within the last two years prior to filing. The couple provides evidence that the relationship is Bona fide and not for an immigration benefit The couple has the intention to marry within 90 days of the foreign national’s arrival to the United States. 2. What does the process entail? This is a two-step process: The first step is to file the forms, evidence and filing fee with USCIS The second step is after the petition has been approved. Once it is approved, the case will be reviewed by the National Visa Center. The case gets a number assigned and will upload to the system and the NVC will then forward the file to the appropriate consulate or embassy where the foreign national resides. The foreign fiancé completes a visa application, follows the instructions and submits it online and pays the visa fee. The foreign fiancé attends the interview at the U.S. embassy or consulate, (some consulates may want the fiancé to attend the interview) and bring a copy of the documents previously filed to USCIS. Foreign national must bring original documents to the interview and be ready to present, in case it is requested by the officer. The fiancé gets a visa stamp in his or her passport and uses it to enter the United States within six months. Then the couple would get married within 90 days of arrival to the United States and would file for adjustment of status with USCIS right after.
The Details: The K-1 Visa gives a foreign fiancé the authority to travel to the U.S., and they must marry the U.S. citizen within 90 days of arriving. Under immigration law, a fiancé is someone who is legally allowed to be married, and the U.S. citizen must also be legally allowed to marry as well. In most cases, the two must have spent time in person within the two years prior to applying for a fiancé visa, though there are exceptions for cultural arranged marriages and similar situations. The Process: You can apply for a K-1 Visa by properly completing and filing a Petition for Alien Fiancé, which you must file within the U.S. The process may then go as follows: USCIS approves your petition and sends it to the National Visa Center The petition then must go through the U.S. Consulate or Embassy where your fiancé lives You fiancé will need to undergo an interview at the Embassy or Consulate and provide documents such as a valid passport, medical examination forms, police forms for background checks, evidence of divorce or death of a previous spouse, and evidence of your relationship, among others Note that if your foreign fiancé has children, they can also apply for K-2 Visas. As always, every case is different, so we recommend that you consult with an immigration attorney before you begin this process.
What is a Fiancé Visa and what does the filing process entail? If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). The K-1 nonimmigrant visa is also known as a fiancé(e) visa. You need to file the following with the USCIS: 1. Duly completed Form I-129; 2. Proof that you and your fiancé(e) intend to marry each other within 90 days of your fiancé(e) entering the U.S. as a K-1 non-immigrant; 3. Bona-fides of the relationship/engagement period to show its not for an immigration benefit. After the paperwork is filed with the USCIS, the following steps follow: 1. Once the petition is approved, the National Visa Center (NVC), which is run by the U.S. State Department, assigns a case number and forwards your paperwork to the U.S. embassy or consulate closest to where the foreign fiancé lives. 2. The foreign fiancé completes a visa application (Form DS-160), submits it online (or according to the local consulate’s instructions), and pays the visa fee. 3. The foreign fiancé goes to an interview at the U.S. embassy or consulate, and presents any requested documents during the interview. 4. The foreign fiancé gets a visa stamp in his or her passport and uses it to enter the United States within six months. 5. The couple gets married within 90 days and files a green card application.
In this video, the Immigration Professor Robert Perkins explains the process of getting a fiance visa or marriage visa when you marry someone who is in another county. All of our immigration videos are available on our website, http://ImmigrationProfessor.com
COMMON REASONS FOR THE DELAY OR DENIAL 1) Submitting incorrect forms. Submitting the wrong forms can lead to the denial of the K-1 fiancee petition. In addition to the petition, you will need to provide a Letter of Intent indicating that you will marry your fiancee within 90-days of his/her arrival to the United States, and a document demonstrating that you can financially support your fiancee in the U.S. 2) Submitting incorrect information. There are many different forms that are required for a K-1 fiancee petition. Additionally, U.S. petitioners must send documents to THREE (3) different government agencies, including the U.S. Citizenship and Immigration Services (USCIS), the National Visa Center (NVC), and the U.S. Consulate or Embassy abroad. Failing to timely or properly respond to any one of these agencies will lead to a delay or denial of the petition. 3) Submitting the petition to the wrong place. The petition should be sent to the correct USCIS Lockbox facility, based on the type of courier service (i.e. USPS, FedEx, UPS, DHL) used. 4) Failing to submit sufficient proof of meeting your fiancee within the past TWO (2) years. Simply providing USCIS with a ticket stub or a picture of you and your fiancee together may be insufficient to prove that you have met your fiancee within the past TWO (2) years. 5) Failing to prove the relationship. U.S. petitioners should provide evidence that they have been in a relationship with their fiancee abroad. The evidence will vary depending on the couple. 6) The U.S. petitioner is ineligible for a K-1 fiancee visa. If the U.S. petitioner is not a U.S. citizen, is separated but still married to his/her spouse, has previously filed multiple K-1 petitions, has a criminal record, has not filed his taxes for several years, or is not gainfully employed, this could make him/her ineligible to file a fiancee petition. 7) The foreign national is ineligible for a K-1 fiancee visa. If the foreign national is separated but still married to his/her spouse, has been the beneficiary of multiple K-1 petitions, has a criminal record, or has prior immigration violations, this could make him/her ineligible to apply for a fiancee visa. 8) Hiring a non-attorney or unqualified attorney. Before you hire an attorney, we recommend that you meet with the attorney and read his/her online client testimonials. Afterward, ask yourself these questions: Is the attorney licensed and eligible to practice law? How easy was it to speak directly with the attorney? How long has the attorney been in business? Does the attorney have experience handling these types of cases? 9) Missing appointments and deadlines. If you file the petition yourself, USCIS will only send notifications to you. However, if you hire an attorney, your attorney will be notified as well. An experienced immigration attorney will notify you of changes related to your application. This will help you avoid missing important notices and/or deadlines. 10) Not being prepared for the visa interview. It is important for the foreign national to prepare for the visa interview. EXPERIENCE MATTERS The Law Office of David Nguyen, PC has successfully handled hundreds of immigration petitions and/or applications - and can assist you with your immigration needs.
Submit All Supporting Documents During the initial I-129F filing, be sure to submit all supporting documents and evidence with the application. This includes the letters of intent of both parties as well as evidence of your meeting your fiance within the last two years immediately preceding the filing of the petition. Without the proper submission, USCIS will request more evidence and the case will be unnecessarily delayed. Keep Copies of the Application Be sure to keep a paper or electronic copy of the entire application and supporting documents as this information will be sent to your fiance overseas for review before interview. Update all Biographical Documents Before your fiance interview, you will be required to provide a valid passport. Be sure that the passport is still valid and does not need to be renewed, to avoid unnecessary delay. Obtain Certified Copies If there are any previous marriages between the fiance couple, be sure to obtain the certified divorce decree and provide the original at the time of interview. Provide Previous Vaccine Record Part of the fiance visa process is that the beneficiary must obtain a medical exam in their foreign country. By documenting previous vaccinations, the beneficiary may not require the entire medical exam to be completed. Once the exam is complete, the alien should request an official copy of the vaccine record to provide during the adjustment of status phase in the United States. Keep Proof of an Ongoing Relationship During the second phase of the fiance visa, the couple must establish that they have maintained an ongoing relationship. This can include photos, travel documents, emails, etc. from between the time of filing and the first notice of action.