The K-1 nonimmigrant visa allows for the fiancee of a United States citizen to travel to the United States to marry. Once the K-1 visa is granted, the fiancee and the U.S. citizen will have 90 days to get married.
Forms
Form I-129F (Petition for Alien Fiancé(e))
Fees
Form I-129F – $340
To apply for a K-1 visa, the petitioner must file form I-129F on behalf of their fiancé(e).
The petitioner for a K-1 visa must be a U.S. citizen.
Both parties involved in the marriage must be of the age of consent according to U.S. laws.
When the form is filled out, it must be submitted to the USCIS, where it will be subject to approval. If approved, the USCIS will send it to the National Visa Center, which will process the application.
Upon processing, the National Visa Center will then send the info to the American Consulate or Embassy that the fiancee will apply for their own visa.
When applying for the visa, the fiancé(e) will need these documents*:
*(All documentation must be available with an English translation)
There must also be proof that the petitioner and the fiancee are marrying for reasons besides obtaining a green card. The petitioner and fiancee can prove this by showing wedding plans, possible venues, or proving what type of ceremony they intend to have. They can show a history of visiting and communicating with each other.
5 months if submitting to the Texas Service Center (subject to change).
A fiancee visa application could be rejected if the fiancee has:
Inability to maintain self-dependence
A contagious disease
Committed acts of violence or morally conflicting crimes such as prostitution or distribution of drugs
Mental or physical disorder
Drug addiction
Entered the U.S. before illegally
If former foreign exchange visitor, proof of 2+ year foreign residency post-visit
If any of the above are violated, then a USCIS officer will decide if a waiver is applicable and necessary.
After the marriage is official, the fiancee can apply for an adjustment of status in the U.S. If you and your fiancee do not marry within 90 days, then the fiancee must leave the U.S. They will not be able to apply for permanent residence when the K-1 visa expires.
If the fiancee and applicant have married, but the fiancee does not wish to remain in the U.S., the fiancee must leave within the 90-day window originally established by the terms of the visa.
If the fiancee leaves the U.S. for any reason, they must re-file for a new visa, as the K-1 visa only allows for one entry.
After marriage and filing for adjustment of status, if a spouse leaves the U.S. for any reason, they may need to file for advance parole to return to the U.S.
Once the fiancee is accepted into the U.S., they can apply for a work visa via Form I-765 (Application for Employment Authorization). This application should be filled out along with the green card application.
However, if the work visa is filed and approved before the adjustment of status, the work visa will expire within the 90 days established by the fiancee visa.
If the fiancee has children, include that information on the I-129F form. The children will need a K-2 visa to enter the U.S. as well.
Also, if the U.S. citizen and alien are already married, the U.S. citizen will need to get a K-3 visa for their spouse to come over to the U.S. If they have children together, they will need to get a K-4 visa for the child.
The immigration attorneys at Salmón and Haas have helped many people immigrating to America work towards obtaining a fiancee visa. If you currently or want to live in the greater San Antonio area, contact Salmón and Haas at 210-734-8472.
Social Security Number
A fiancee visa holder can get their social security number when they provide an unexpired and valid I-94, which shows the record of departure and arrival to the U.S.
It is recommended to apply for a social security number 2 weeks after arriving in the U.S. This will give enough time to the Social Security Administration to approve the request.
To get your social security number, you must: