What is a Fiancé(e) visa
A fiancé(e) visa is a non immigrant visa that can be used by immigrants who wish to enter the United States to marry a U.S. citizen. After the couple has married, the immigrating spouse may then file for permanent residency.
The marriage has to occur within 90 days of the immigrating spouse arriving to the United States and therefore must be planned ahead of time to some degree.
The requirements for this visa are similar to the requirements of other non immigrant visas. Applicants will need to do the following:
- File a complete and accurate Form I-129F.
- Provide sufficient and complete supporting documentation.
- Marry their U.S. citizen fiancé(e) within 90 days of arriving in the U.S.
- Attend a biometric appointment with the USCIS.
The process of coming to the United States on a fiancé(e) visa is a combination of non immigrant and immigrant entry processes. The following summary is a generalized view of the process for fiancé(e)s immigrating to the United States using Form I-129F:
- Form I-129F is filed.
- The immigrating spouse applies for entry at a U.S. port-of-entry.
- The couple then has 90 days to complete their marriage.
- The immigrating spouse can then file Form I-485 with USCIS for their permanent resident card (Green Card).
- The Green Card that the immigrating spouse receives initially is conditional. Conditions must be removed after two years using Form I-751.
- After removing conditions on their Green Card, the immigrating spouse may be able to apply for full citizenship in as little as a year as long as they meet all of the citizenship requirements.
What if the marriage is arranged with a marriage broker?
If the marriage is arranged by an international marriage broker, the application has to comply with the International Marriage Broker Regulation Act. These requirements are included in the instructions along with the I-129F application.
What if the marriage is not completed in 90 days?
If the marriage is not completed within 90 days of the immigrating fiancé(e)'s arrival to the United States, they may be subject to removal and may not apply for permanent residency within the United States.
Can children accompany the immigrating spouse on this visa?
Children of the immigrating fiancé(e) can come to the United States with the same visa. The spouse will be given a K-1 visa, whereas children will receive K-2 visas.
What if a document required for the visa can't be obtained?
During the process of applying for a fiancé(e) visa, applicants will be asked to include supporting documentation. If a document is not available, the USCIS allows applicants to submit what is called secondary evidence.
Secondary evidence has to show the same sort of information that the primary evidence would show as well as proof that the primary evidence is not available.