Non-Immigrant Visas
Fiancés Visas
What Is a "Fiancé"?
A Fiancé is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place. In general, the two people must have met in person within the past two years. The Department of Homeland Security's Bureau of U.S. Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage. Sometimes the USCIS considers a person a "Fiancé" even though a marriage contract has been concluded. In such cases, the American citizen petitioner and his/her spouse have not met, and they have not consummated the marriage.
How Does a Fiancé Visa Work?
Suppose you are an American citizen and you want your foreign Fiancé to travel to the United States to marry you and live in the U.S. You must file a Petition for Alien Fiancé in the United States.
Filing the Petition
You must file the Petition for Alien Fiancé, Form I-129F with the Department of Homeland Security's Bureau of U.S. Citizenship and Immigration Services (USCIS) office that serves the area in which you live. See the Department of Homeland Security's BCIS Field Offices for information on where you can file the petition.
Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad.
After the USCIS approves the petition, the petition is forwarded to the National Visa Center for processing, prior to being sent to the embassy or consulate where your fiancé will apply for the K-1 nonimmigrant visa.
Extending the Petition
The I-129F petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed.
A Fiancé Is Also an Immigrant
Because a Fiancé visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the Fiancé must meet some of the requirements of an immigrant visa.
Applying for a Visa
he consular section at the embassy or consulate where you, the Fiancé of an American citizen, will apply for a visa will tell you of additional specific requirements, such as where you need to go for the required medical examination. The following is required:
- A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.
- Original Birth certificate
- Original Divorce or death certificate of any previous spouse for both the applicant and the petitioner
- Police certificate from all places lived since age 16
- Medical examination (vaccinations are optional, see below)
- Evidence of financial support (Form I-134, Affidavit of Support may be requested.)
- Two Non-immigrant Visa Applications , Form DS-156
- One Non-immigrant Fiancé Visa Application, Form DS-156K
- Two Non-immigrant visa photos (each two inches 50 X 50 mm square, showing full face, against a light background)
- Evidence of a fiancé relationship
- Payment of fees, as explained below.
The consular officer may ask for additional information according to the circumstances of the case. Documents in foreign languages should be translated. Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the interview. Original documents can then be returned to you.
Fees - How Much Does It Cost?
Fees are charged for the following services:
- Filing an Alien Fiancé Petition, Form I-129F
- Non-immigrant visa application processing fee
- Medical examination (costs vary from post to post)
- Fingerprinting fees, if required
- Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and expenses for travel to the embassy or consulate for an interview. Costs vary from country to country and case to case.
- Filing Form I-485 Application to Register Permanent Residence or to Adjust Status For current fees for Department of State, government services select Fees government services select Fees.
Vaccination Requirements
All applicants for immigrant visas are required to have the following vaccinations if appropriate for age, medical condition or medical history:
- Mumps
- Measles
- Rubella
- Polio
- Tetanus and Diptheria Toxoids
- Pertussis
- Influenza Type B
- Hepatitis B
- Varicella
- Pneumococcal
As a Fiancé, you are not required to fulfill this requirement at the time of your medical examination for a Fiancé visa. However, you may want to do so. These vaccinations are required when you adjust status following your marriage.
What Must Happen After Getting the Fiancé Visa?
After getting the Fiancé visa, your Fiancé enters the U.S. through a U.S immigration port-of-entry. The U.S. immigration official gives your Fiancé instructions on what to do when he/she enters the United States. You must get married within 90 days of your Fiancé’s entry into the United States. After marriage, your spouse must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS office that serves the area in which you live in the United States. You must fill out the Affidavit of Support, Form I-864, and sent it to USCIS with your spouse's application to become a lawful permanent resident (LPR). See the Permanent Resident section of USCIS for more information at: http://www.immigration.gov/graphics/faqsgen.htm#greencard