The Fiancé(e) Petition

February 27, 2018

 

If you are a US citizen (but not a permanent resident) you can petition your fiancé(e) to enter the US to marry you. This is not an immediate relative visa petition, but rather it is a “non-immigrant” visa petition that permits your fiancé(e) to enter the US to get married within 90 days of your fiancé(e)’s arrival.

 

Some of the requirements include:

  • You must show that you have met your fiancé(e) at least once in person within the past two years;

  • You intend to marry;

  • You are both legally able to marry;

  • You must file a K-1 Visa petition, Form I-129F at the appropriate Service Center;

  • You get married within 90 days of your fiancé(e)’s arrival to the US; and

  • You must submit supporting documentation proving your real relationship.

 

Your fiancé(e)’s unmarried children under 21 years of age can be included in the petition and enter the US with your fiancé(e) as K-2 Visa holders. If you do not get married within 90 days, your fiancé(e) will be required to leave the US (and possibly be placed in removal proceedings). But if you do get married within the 90 days, your spouse must apply for “adjustment of status” to permanent residence. USCIS will grant your spouse conditional residence status for two years. Before the end of the two years, you can apply to remove your spouse’s conditional status.

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No Legal Advice is Intended: This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments.

 

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