How to Obtain an Immigration Visa For Your Fiance

A fiancé visa, also known as a K-1 visa, is availableNon-Immigrant Fiance Visa (Form DS-156 and Form
to non-citizens who are engaged to or intend to marryDS-156K)
a citizen of the United States. A K-1 visa grants theApplying for Permanent Resident Status after
alien a one-time entry into the U.S.; the person cannotMarriage
be granted re-entry after their initial stay.A K-1 visa does not provide the non-citizen with
Within the last two years prior to application, the twopermanent residence in the U.S. It only provides a
people involved in the engagement must have met inone-time entry into the U.S. for purposes of marrying
person. Also, the marriage must be legally possiblethe citizen. The non-citizen fiancé may apply for
under the state laws where the marriage is to takepermanent residency after marriage by applying for a
place. After the K-1 visa has been granted, the foreignmarriage visa.
citizen has 6 months to enter the U.S. After entry, theyAfter marriage, the alien should file USCIS Form I-485,
then have 90 days to marry the U.S. citizen."Application to Register Permanent Residence". Also,
Filling for a K-1 Visatheir citizen spouse needs to file USCIS Form I-864,
In order to get a K-1 fiancé visa, the U.S. citizen must"Affidavit of Support". Once these petitions are
file Form I-129F, "Petition for Alien Fiance", with theapproved, the USCIS will grant the alien a conditional
United States Citizenship and Immigration Servicesgreen card.
(USCIS). After the form has been processed, theThe alien can finally receive permanent resident status
USCIS will send it to the embassy or consulate of theafter 2 years from the time of approval of the two
home country of the fiancé. If the petition isforms. They can do this by filing to remove their
approved by the consulate, the alien then has fourconditional green card status using Form I-751. The
months in order to apply for a K-1 visa.non-citizen applicant must have either been married for
K-1 Fiance Visa Requirementsat least 2 years, or, they must be divorced from a
The non-citizen fiancé is required to submit themarriage made in good faith. The couple must
following information to the embassy:demonstrate that their marriage was not made for the
- A valid birth certificatepurposes of sidestepping immigration requirements.
- A passport which is valid for up to six months afterRecap
entry in the U.S.You may wish to hire a lawyer to help you with your
- A police certificate verifying all places of residencefiancé visa application process. This is especially true
since age 16if you cannot understand the law due to language
- A medical examinationdifferences. A lawyer can help you process your
- Evidence verifying capability of financial supportdocuments, and will keep you informed in the event of
- Evidence of an existing and valid engagementa change in law. Here are some points to consider in
relationship- this may be proved by photographs of thefiling for a K-1 visa:
two people together, receipts or ticket stubs showing- Be aware that a K-1 visa only allows the non-citizen
that the U.S. citizen visited the fiancé, etc.to enter the U.S.
- Visa Application forms for Nonimmigrant Visa and