K-1 Fiancé(e) Visas

Only a U.S. citizen can file a fiancé(e) petition. In your petition you must prove that:

• You are a U.S. citizen;
• You and your fiancé(e) intend to marry within 90 days of entering the U.S.;
• You are both free to marry; and
• You have met each other in person within two years before you file the petition, unless:
  1. The requirement to meet your fiancé(e) in person would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice; or
  2. You prove that the requirement to personally meet your fiancé(e) would result in extreme hardship to you.

General instructions are included with the I-129F petition, and USCIS posts updates and fees on its web site. The I-129F petition is a legal case and mistakes or misrepresentations can jeopardize your fiancé(e)'s chances of ever immigrating to the United States.

You should carefully review the eligibility requirements, then talk with an immigration lawyer about the specific circumstances of your case. D.Ray Mantle assists clients by making sure the petition is complete and includes all of the necessary evidence to support your fiancé(e)'s eligibility.

After your petition is filed, USCIS will mail you an official receipt so you can track the processing of your case. If your petition is incomplete, USCIS may have to reject it, or ask you for more evidence or information, which will delay processing. Working with an experienced immigration attorney from the beginning will help you avoid errors and delays.

Normally, when USCIS approves the petition, notice will be sent to the U.S. State Department’s National Visa Center (NVC), and then on to the U.S. Embassy closest to your fiancé(e)'s foreign residence where he or she will be interviewed.

A fiancé(e) visa is only available to a person who is outside the U.S., or will be leaving the U.S. and then returning as a fiancé(e). If your fiancé(e) is in the U.S. and entered using a visa other than a fiancé(e) visa, and you marry, then you may file an I-130 relative petition for him or her as your husband or wife. Your spouse may be able to file Form I-485, Application to Register Permanent Residence or to Adjust Status, along with your petition.

Remember, though, that if your fiancé(e) is in the U.S. and entered unlawfully, you can still get married and file the I-130 petition, but in most cases your spouse will not be able to adjust status to that of a permanent resident while in the United States. In this situation, your spouse will most likely have to pursue an immigrant visa at a U.S. Consulate/Embassy overseas.

The fiancé(e) visa is a temporary visa that simply lets your fiancé(e) enter the U.S. so the two of you may marry here. It is not a way for you to bring a person here so you can get to know one another, or spend more time together to decide whether you want to get married.

First, your fiancé(e) will enter the U.S. with a fiancé(e) visa. Next the two of you marry. You will need to get married within the 90-days that the K-1 status lasts. As soon as you get married, your new spouse may apply for permanent residence by filing an I-485 application.

Fiancé(e) status automatically expires after 90 days. It cannot be extended for any reason. Your fiancé(e) must leave the U.S. at the end of the 90 days if you do not get married. If he or she does not depart, your fiancé(e) will be in violation of his or her immigration status. This can affect future eligibility for immigration benefits.

USCIS does not guarantee a processing time. Every case is different and the number of cases received by USCIS varies. Current processing times for the I-129F petition are updated monthly for each USCIS service center. To be fair to all customers, USCIS process fiancé(e) cases in the order received and will not pull a case out of order to accommodate wedding plans. In addition, once USCIS completes processing, the U.S. Consulate must process your fiancé(e) for a visa; so factor this into your plans.

Children less than 21 years old and not married can qualify for a K-2 visa. Be sure to include each child's name on your I-129F fiancé(e) petition.

Your fiancé(e) may apply for work authorization on Form I-765, Application for Employment Authorization, after he or she is admitted to the U.S. based on the fiancé(e) visa. However, it will expire when the K-1 status expires-90 days after entry. As a practical matter, it usually makes more sense to marry and include an application for work authorization with the permanent residence application. Your fiance(é) can apply for permanent residence as soon as you marry.

There could be serious consequences. Attempting to get a visa or enter the U.S. by saying one thing when you intend another may be considered immigration fraud, for which there are severe penalties. Those penalties include restricting a person’s ability to get immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to five years.

It is not appropriate for your fiancé(e) to enter the U.S. as a visitor with the intent to marry you and remain to try to become a permanent resident. It is appropriate, however, to enter as a visitor to have the wedding in the U.S. and then return to a foreign residence for further processing for U.S. immigration as a spouse. You should come prepared with proof of your clear intentions in this regard.