First, the U.S. citizen must file a petition, Form I-129F, Petition for Alien Fiancé (e), with the USCIS Service Center having jurisdiction over the place of the petitioner’s residence in the United States. Such petitions may not be adjudicated abroad. USCIS will forward the approved petition to the U.S. consulate where the foreign national’s fiancé (e) will apply for the visa. A petition is valid for four months from the date of USCIS action, and may be revalidated by the consular officer.
APPLYING FOR A FIANCÉ (E) VISA
The consular officer will notify the beneficiary when the approved petition is received and provide the beneficiary the necessary forms and instructions to apply for a “K” visa. A fiancé (e) visa applicant is an intending immigrant and, therefore, must meet documentary requirements similar to the requirements of an immigrant visa applicant. The following documents are normally required:
- Valid passport
- Birth certificate
- Divorce or death certificate of any previous spouse
- Police certificate from all places lived since age 16
- Medical examination
- Evidence of support
- Evidence of valid relationship with the petitioner
- Photographs of the petitioner and the beneficiary
The beneficiary should also have two photographs, 1.5 inches square (37x37mm), showing full face, against a light background.
Petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States. The petitioner and beneficiary must have previously met in person within the past two years, unless the Attorney General waives that requirement. As soon as the case is processed and the applicant has all necessary documents, a consular officer will interview the fiancé (e).
Upon arriving into the U.S. the alien fiancé (e) must apply for work authorization with USCIS. The marriage must take place within 90 days of admission into the United States. Following the marriage, the alien spouse must apply to USCIS to establish a record of entry for conditional permanent residence status. After two years, the alien may apply to the USCIS for removal of the conditional status.