K-1 Fiancé Visa
The Fiancé (e) Visa allows a US Citizen (not Permanent Residents) to apply for permission through a U.S Consulate abroad to allow his or her Fiancé (e) to enter the U.S with a Fiancé (e) visa. First, the U.S. Citizen must apply for a Petition in the United States with the USCIS. Once that petition is approved, the U.S Consulate abroad will review the application and hopefully approve the application for a fiancé visa and issue a fiancé visa.
The marriage must take place within 90 days of your fiancé (e) entering the United States. If the marriage does not take place within 90 days or your fiancé (e) marries someone other than the U.S. citizen filing USCIS Petition for Alien Fiancé, your fiancé (e) will be required to leave the United States. Until the marriage takes place, your fiancé (e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. Your fiancé (e) may not obtain an extension of the 90-day original nonimmigrant admission.
If your fiancé (e) intends to live and work permanently in the United States, he or she should apply to become a permanent resident after the marriage. (If your fiancé (e) does not intend to become a permanent resident after the marriage, he or she must leave the country within the 90-day original nonimmigrant admission.
Your fiancé (e) may enter the United States only one time with a fiancé (e) visa. If he or she leaves the country before the marriage, he or she may not be allowed back into the United States without a new visa.
Who is Eligible
U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé (e) classification (K-1) for their fiancé (e). You and your fiancé (e) must be free to marry. This means that both of you are unmarried and that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé (e) in person within the last two years before filing for the fiancé (e) visa. This requirement can be waived only if meeting the fiancé (e) in person would violate long-established customs, or if meeting the fiancé (e) would create extreme hardship for you.
You and your fiancé (e) must marry within 90 days of the fiancé (e) entering the United States.
You may also apply to bring the fiancé (e)'s unmarried children, who are under age 21, to the United States.
Can the fiancé work in the United States?
After arriving in the United States, your fiancé (e) will be eligible to apply for a work permit.
How does my fiancé (e) get a Green Card?
Once your fiancé (e) is inside the United States, you have 90 days to marry. Once married, the now spouse of a U.S Citizen (and children if applicable) may be eligible for a Green Card, to travel abroad and to work in the United States provided the proper applications are filed and approved. The work permit usually takes from 60 to 90 days to be approved, while the green card can take from 6 to 12 months on average. Travel permits can take up to 6 months to be approved. Upon verification of a valid and legitimate marriage, the USCIS will issue the spouse a Conditional green card that will be valid for two years. After those 2 years have expired, the spouse may apply to have those conditions removed.
DO NOT TRAVEL WITHOUT AN ADVANCED PAROLE PERMIT IF YOU HAVE AN ADJUSTMENT OF STATUS APPLICATION PENDING.
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