If you are a United States citizen who is engaged to a foreign national, you can legally bring your fiancé here to get married. The fiancé K-1 non-immigrant visa permits foreign citizens to travel to the United States as long as they get married to their U.S. citizen sponsor within 90 days of arrival.
Once married, the foreign citizen will then have an opportunity to apply for adjustment of status to become a permanent resident through the U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security. There are ample opportunities to make mistakes during the process of securing a fiancé visa and not all applicants qualify.
In order to secure an approved Petition for Alien Fiancé (Form I-129F), both the U.S. citizen and the K-1 visa applicant must prove:
- They are engaged to be married.
- They are legally free to marry at the time they filed the petition.
- They remained free to marry after filing the petition.
- They can legally marry according to the laws of the U.S. state in which they plan on getting married.
- They must have met in person within the past two years, unless they were unable because of extreme hardship.
If you and your fiancé meet these qualifications, then, you can file Form I-129F with your local USCIS office. Once the application is approved, you will be given a case number and your petition will be sent to the U.S. Embassy or Consulate where your fiancée lives. Then, you will be able to officially apply for K-2 visas by providing Form DS-160 (nonimmigrant visa application), a passport valid for travel, divorce or death certificates if you were previously married, a medical examination, police certificates proving where you live, two photographs and evidence of your relationship.
Understanding what is required of you and your fiancé can prove challenging. It is helpful to have guidance and support throughout the proceedings to ensure that your case is handled in an efficient and timely manner. An experienced Los Angeles immigration lawyer can help you through the application process and help ensure that you are successful in getting your visa.