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How
Do I Bring My Fiancé(e) to the United States?
Background
If your fiancé(e) is not a citizen of the United States and
you plan to get married in the United States, then you must file a
petition with INS on behalf of your fiancé(e). After the petition
is approved, your fiancé(e) must obtain a visa issued at a U.S.
Embassy or consulate abroad. 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 you (the U.S. citizen filing INS Form I-129F -
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. A 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, your fiancé(e) should apply to become a permanent
resident after your marriage. (If your fiancé(e) does not intend to
become a permanent resident after your marriage, your fiancé(e)/new
spouse must leave the country within the 90-day original
nonimmigrant admission.) Please note, your fiancé(e) will initially
receive conditional
permanent residence status for two years. Conditional permanent
residency is granted when the marriage creating the relationship is
less than two years old at the time of adjustment to permanent
residence status.
Please note: Your
fiancé(e) may enter the United States only one time with a
fiancé(e) visa. If your fiancé(e) leaves the country before you
are married, your fiancé(e) 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, or
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 your fiancé(e) in person
would violate long-established customs, or if meeting your fiancé(e)
would create extreme hardship for you. You and your fiancé(e) must
marry within 90 days of your fiancé(e) entering the United States.
You may also apply to bring your fiancé(e)'s unmarried children,
who are under age 21, to the United States.
What
are the requirements for applying?
Only a U.S. citizen may file INS
Form I-129F (Petition for Alien Fiancé(e)) on behalf of a
fiancé(e). The U.S. citizen filing the petition must provide the
following items to the Immigration and Naturalization Service (more
complete instructions are on INS Form I-129F):
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Form I-129F Petition
for Alien Fiancé(e) (if your fiancé(e) has unmarried children who
are under 21, they are eligible to accompany your fiancé(e), but
only if they are listed on this form.)
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Evidence of your U.S.
citizenship - your original U.S. birth certificate, your U.S.
passport, your Certificate of Naturalization, or your Certificate of
Citizenship. (Please see INS Form I-129F for information on the use
of copies.)
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2 Form
G-325A Biographic Data Sheets (one for you and one for your
fiancé(e))
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One color photo of you
and one of your fiancé(e) taken within 30 days of filing (please
see Form I-129F for more instructions on photos).
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A copy of any divorce
decrees, death certificates, or annulment decrees if either you or
your fiancé(e) have been previously married.
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Proof of permission to
marry if you or your fiancé(e) are subject to any age restrictions.
(For instance, in some U.S. states, you must receive special
permission to marry if you are under the age of 16.)
Will
I Get a Work Permit?
After arriving in the United States, your fiancé(e) will be
eligible to apply for a work permit. (You should note that INS might
not be able to process the work permit within the 90-day time limit
for your marriage to take place.) Your fiancé(e) should use Form
I-765 to apply for a work permit. If your fiancé(e) applies
for adjustment to permanent resident status, your fiancé(e) must
re-apply for a new work permit after the marriage.
How
Can I Check the Status of My Application?
Please contact the INS office that received your
application. You should be prepared to provide the INS staff with
specific information about your application.
How
Can I Appeal?
If your petition for a fiancé(e) visa is denied, the denial letter
will tell you how to appeal. Generally, you may appeal within 33
days of receiving the denial by mail. Your appeal must be filed on
INS Form I-290B. The appeal must be filed with the office that made
the original decision. After your appeal form and a required fee are
processed, the appeal will be referred to the Administrative Appeals
Unit (AAU) in Washington, DC. (Sending the appeal and fee directly
to the AAU will delay the process.)
Can
Anyone Help Me?
If advice is needed, you may contact the INS District Office near
your home for a list of community-based, non-profit organizations
that may be able to assist you in applying for an immigration
benefit.
How Do I Apply for Immigrant Status Based on Employment?
How Do I Become a Lawful Permanent Resident While in the United States?
How do I bring my brother/sister to the United States?
How Do I Bring My Children to Live in the United States?
How Do I Bring My Parents to Live in the United States?
How Do I File an Affidavit of Support?
How Do I Get a Work Permit?
How Do I Replace My Permanent Resident Card?
US IMMIGRATION GLOSSARY AND ACRONYMS
Sourced
from the US Department of Justice – Immigration and Naturalization
Service
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