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    How to Bring Your Fiancee to the U.S. on a K-1 Visa

    SamanthaBy No Comments7 Mins Read

    I am a US citizen engaged to a foreign national. How can I bring my fiance to the U.S.?

    As a U.S. citizen engaged to a foreign national, you have the option to bring your fiancée to the U.S. on a K-1 visa. The K-1 visa allows your fiancée to enter the U.S. for the purpose of getting married to you within 90 days of their arrival. After the marriage takes place, your fiancée can apply for adjustment of status to become a lawful permanent resident (green card holder). Here’s an overview of the process:

    1. Petition (Form I-129F):
    • File Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This form establishes your intention to marry your fiancée within 90 days of their arrival in the U.S.
    • Include evidence of your genuine relationship, such as photographs together, correspondence, and any other relevant documentation.
    1. USCIS Processing:
    • USCIS will review your petition and may request additional evidence if necessary.
    • Once the petition is approved, USCIS will send it to the National Visa Center (NVC) for further processing.
    1. NVC Processing:
    • The NVC will assign a case number and send your approved petition to the U.S. embassy or consulate in your fiancée’s home country.
    • The embassy or consulate will provide instructions on how to apply for the K-1 visa.
    1. Visa Application:
    • Your fiancée will need to complete the online Form DS-160, the Nonimmigrant Visa Application, and pay the visa application fee.
    • Schedule and attend a visa interview at the U.S. embassy or consulate in their home country. They will need to provide documentation that supports the bona fide nature of your relationship.
    1. K-1 Visa Issuance:
    • If approved, your fiancée will receive a K-1 visa stamp in their passport, allowing them to travel to the U.S.
    1. Entry to the U.S.:
    • Your fiancée can enter the U.S. on the K-1 visa, but they must marry you within 90 days of their arrival.
    1. Adjustment of Status (AOS):
    • After your marriage, your fiancée can apply for Adjustment of Status (AOS) to become a lawful permanent resident (green card holder). This involves filing Form I-485 and additional supporting documents.
    • USCIS will review the AOS application and may request an interview.
    • Once approved, your fiancée will receive a conditional green card.

    It’s important to note that the K-1 visa process can be complex, and timelines can vary. Make sure to consult the official U.S. government sources or seek advice from an experienced immigration attorney to ensure that you have accurate and up-to-date information for bringing your fiancée to the U.S.

    How to fill out Form I-129F?

    Form I-129F, Petition for Alien Fiancé(e), is the key form you need to fill out to start the process of bringing your foreign fiancé(e) to the U.S. on a K-1 visa. Here are the steps to help you fill out Form I-129F correctly:

    1. Download the Form: You can download Form I-129F from the official U.S. Citizenship and Immigration Services (USCIS) website (uscis.gov) under the “Forms” section.
    2. Read the Instructions: Before you start filling out the form, carefully read the instructions provided with the form. This will help you understand the purpose of each section and ensure accurate completion.
    3. Provide Your Information (Petitioner): Complete the “Part 1. Information About You (the Petitioner)” section. This includes your personal details, contact information, and U.S. citizenship information.
    4. Provide Beneficiary’s Information (Fiancé(e)): Complete the “Part 2. Information About Beneficiary (Fiancé(e))” section. This includes your fiancé(e)’s personal details, contact information, and foreign citizenship information.
    5. Additional Information about the Beneficiary: Answer the questions in the “Part 3. Additional Information About Beneficiary (Fiancé(e))” section, including questions about your fiancé(e)’s immigration history.
    6. Biographical Information: In “Part 4. Biographical Information,” provide details about your fiancé(e)’s physical attributes, such as height, weight, eye color, etc.
    7. Provide Your Employment Information: Complete “Part 5. Information About Your Employment and Income.” This section requires you to provide information about your current employment, income, and assets.
    8. List of Prior Spouses (if applicable): If either you or your fiancé(e) have been previously married, complete “Part 6. Information About Your Prior Spouses.” Provide details about previous marriages and how they ended.
    9. Intent to Marry: In “Part 7. Other Information,” you’ll need to provide information about how you met your fiancé(e), your intent to marry within 90 days of their arrival in the U.S., and any prior meetings in person.
    10. Sign and Date the Form: Both you (the petitioner) and your fiancé(e) (the beneficiary) must sign and date the form in the designated spaces.
    11. Check for Completeness: Review your completed form to ensure that all required fields are filled out accurately. Make sure to include your contact information so USCIS can reach you with updates about your petition.
    12. Gather Supporting Documents: Include any required supporting documents as outlined in the form instructions. This may include evidence of your relationship, such as photographs, correspondence, and proof of meeting in person.
    13. Pay the Filing Fee: the filing fee for Form I-129F was $535. Verify the current fee on the USCIS website before submitting your application.
    14. Mail the Form: Follow the instructions provided in the form instructions for where to mail your completed form and supporting documents.

    It’s important to keep a copy of your completed form and all supporting documents for your records. Additionally, since immigration forms and procedures can change, consult the official USCIS website or seek advice from an experienced immigration attorney to ensure that you have the most accurate and up-to-date information when filling out Form I-129F.

    What documents must be submitted with Form I-129F?

    When submitting Form I-129F, Petition for Alien Fiancé(e), to U.S. Citizenship and Immigration Services (USCIS), you need to include supporting documents that demonstrate the authenticity of your relationship and the eligibility of your fiancé(e) for a K-1 visa. While the specific documents required can vary based on individual circumstances, here are some common types of documents you should consider submitting:

    • Proof of U.S. Citizenship (Petitioner):
      • Copy of your U.S. passport.
      • Copy of your U.S. birth certificate.
      • Copy of your Certificate of Naturalization or Certificate of Citizenship (if applicable).
    • Proof of Fiancé(e)’s Identity and Nationality:
      • Copy of your fiancé(e)’s passport.
      • Copy of your fiancé(e)’s birth certificate.
      • Copy of your fiancé(e)’s previous marriage certificates (if applicable).
    • Evidence of Genuine Relationship:
      • Photographs of you and your fiancé(e) together at different times.
      • Copies of travel itineraries or flight tickets showing visits to each other.
      • Copies of correspondence (emails, letters, text messages) exchanged between you and your fiancé(e).
      • Evidence of shared activities, gifts, or joint plans for the future.
    • Proof of Meeting in Person:
      • Copies of travel documents (passport stamps, boarding passes) that show you have met in person within the last two years.
      • Photos from your meetings or trips together.
    • Affidavits from Witnesses:
      • Sworn statements from friends, family members, or colleagues who can attest to the authenticity of your relationship.
    • Evidence of Intent to Marry:
      • Affidavit signed by both you and your fiancé(e) affirming your intent to marry within 90 days of their arrival in the U.S.
    • Form G-325A (Biographic Information):
      • Biographic information about you (the petitioner) and your fiancé(e).
    • Proof of Termination of Previous Marriages (if applicable):
      • If either you or your fiancé(e) were previously married, provide documents showing the legal termination of those marriages (e.g., divorce decrees, death certificates).
    • Proof of Legal Name Change (if applicable):
      • If either you or your fiancé(e) have changed your legal name, provide documentation of the name change.
    • Proof of Financial Ability to Support Your Fiancé(e):
      • Evidence of your income, such as recent pay stubs, tax returns, and employment verification letter.
      • Form I-134, Affidavit of Support, to demonstrate your ability to financially support your fiancé(e) during their initial stay in the U.S.
    • Passport-Style Photos:
      • Two passport-style photos of you (the petitioner) and two of your fiancé(e).
    • Filing Fee:
      • Include the appropriate filing fee with your application. Check the USCIS website for the most up-to-date fee information.

    Remember that these documents are meant to provide a comprehensive picture of your relationship and your fiancé(e)’s eligibility for the K-1 visa. Always consult the official USCIS website or seek advice from an experienced immigration attorney to ensure that you are including the correct and necessary documents for your specific case.