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Fiancé(e)
of a U.S. Citizen Visas
How Do
I Bring My Fiancé(e) to the United States?
Background
If your fiancé(e) 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 INS on behalf of your fiancé(e). After the
petition is approved, your fiancé(e) must obtain a visa issued
at a U.S. Embassy or consulate abroad. The marriage must take place
within 90 days of your fiancé(e) entering the United States.
If the marriage does not take place within 90 days or your fiancé(e)
marries someone other than you (the U.S. citizen filing INS Form
I-129F - Petition for Alien Fiancé), your fiancé(e)
will be required to leave the United States. Until the marriage
takes place, your fiancé(e) is considered a nonimmigrant.
A nonimmigrant is a foreign national seeking to temporarily enter
the United States for a specific purpose. A fiancé(e) may
not obtain an extension of the 90-day original nonimmigrant admission.
If your fiancé(e)
intends to live and work permanently in the United States, your
fiancé(e) should apply to become a permanent resident after
your marriage. (If your fiancé(e) does not intend to become
a permanent resident after your marriage, your fiancé(e)/new
spouse must leave the country within the 90-day original nonimmigrant
admission.) Please note, your fiancé(e) will initially receive
conditional permanent residence status for two years. Conditional
permanent residency is granted when the marriage creating the relationship
is less than two years old at the time of adjustment to permanent
residence status.
Please note:
Your fiancé(e) may enter the United States only one time
with a fiancé(e) visa. If your fiancé(e) leaves the
country before you are married, your fiancé(e) may not be
allowed back into the United States without a new visa. (Please
see How Can I Get a Travel Document? for additional travel information
if your fiancé(e) will apply to become a legal permanent
resident after you are married.)
Who
is Eligible
To see if you are eligible please read the following:
U.S. citizens who will be getting married to a foreign national
in the United States may petition for a fiancé(e) classification
(K-1) for their fiancé(e). You and your fiancé(e)
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 fiancé(e) in person
within the last two years before filing for the fiancé(e)
visa. This requirement can be waived only if meeting your fiancé(e)
in person would violate long-established customs, or if meeting
your fiancé(e) would create extreme hardship for you. You
and your fiancé(e) must marry within 90 days of your fiancé(e)
entering the United States.
You may also
apply to bring your fiancé(e)'s unmarried children, who are
under age 21, to the United States.
Will I Get a Work Permit?
After arriving in the United States, your fiancé(e) will
be eligible to apply for a work permit. (You should note that INS
might not be able to process the work permit within the 90-day time
limit for your marriage to take place.) Your fiancé(e) should
use Form I-765 to apply for a work permit. If your fiancé(e)
applies for adjustment to permanent resident status, your fiancé(e)
must re-apply for a new work permit after the marriage.
How Can I Check the Status of My Application?
Please contact the INS office that received your application. You
should be prepared to provide the INS staff with specific information
about your application. Please click here for complete instructions
on checking the status of your visa petition.
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