The Immigration and Nationality Act ("INA") provides a nonimmigrant visa classification, "K-1", for aliens coming to the United States to marry U.S. citizens and
reside in the U.S.
- A U.S. citizen must file an I-129F petition with USCIS for the issuance of a K-1 fiancé(e) visa to the alien fiancé(e).
- Both the U.S. citizen exercising this option and the fiancé(e) must remain unmarried until the arrival of the fiancé(e) in the U.S.
- The alien fiancé(e) and U.S. citizen must have met personally at least once in the two years before the petition was filed.
- The marriage between the U.S. citizen petitioner and the fiancé(e) must take place within three months of the fiancé(e)'s arrival if the alien fiancé(e) is to
remain in status.
The I-129F petition is also used to bring your fiancé(e) and that person's children (K-3 and K-4 visas, respectively) to the U.S. to complete processing for permanent
resident status (under the LIFE Act and Amendments of 2000).
An approved I-129F is not the end of the road for your K-1 fiancé(e). Rather, an approved I-129F is a path to permanent residence, which is conditional. That is, as
a fiance(e), permanent residence status will be conditional because it is based on a marriage that is less than 2 years old on the day that s/he was given permanent
residence. Thus, after your K-1 fiancé(e) has been admitted to the United States as a Fiance(e) and you have married within the 90-day time limit, s/he becomes
eligible to adjust status to permanent resident status.
If you need help bringing your fiancé(e) to the U.S. or removing the conditions of his/her permanent residency, we can help.
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Disclaimer: The information provided herein is provided for informational purposes only and does not purport and is not intended to solicit, initiate, or form an
Attorney-Client relationship. Moreover, while some of the information found on this site is based on laws and court rulings, it is not intended to be legal advice and must
not be relied upon as legal advice on specific facts.
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Fiancé(e) Visas
Michigan Locations: Westland, Livonia, & Berkley
Phone: (800) 597.0284 Fax: (800) 597.0284
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