Fiancé of a U.S. Citizen
The fiancé of a U.S. citizen can apply for a visa to enter the United States to marry the U.S. citizen. This is called a K-1 visa. The K-1 visa lasts for 90 days, during which time the marriage must take place.
A person is eligible for a K-1 visa if:
• the person is engaged to a U.S. citizen,
• both the U.S. citizen and the alien fiancé are legally able to marry (both must be of legal age, any prior marriages must be terminated),
• the alien intends to marry the U.S. citizen after entering the United States, and
• the alien fiancé met the U.S. citizen in person within 2 years before applying for the visa (unless meeting the U.S. citizen in person will cause extreme hardship to the U.S. citizen).
To apply for the K-1 visa, the U.S. citizen first submits a visa petition on Form I-129F along with supporting documents and the correct fee. Once the petition is approved, the alien fiancé will receive an instruction packet, which will have additional forms that the fiancé must complete and a list of documents that the fiancé must obtain. The fiancé will have four months to complete the process.
When the fiancé arrives in the United States, the couple has 90 days to get married. The spouse can then file for adjustment of status, and apply for permission to work.
The alien fiancé may also apply for a visa for any unmarried children under the age 21 to accompany him or her to the United States for the wedding. The visa is called a K-2 visa.
The alien must be careful not to apply for a visitor’s visa (called a B-1 visa for business people or a B-2 visa for tourists) if the alien intends to marry a U.S. citizen and stay in the United States. The U.S. Government considers this visa fraud, and it will make you inadmissible to the United States.
Foreign Spouse of a U.S. Citizen
If a U.S. citizen marries an alien while overseas, the U.S. citizen can apply for a visa to allow the spouse to enter the United States to adjust to status. This visa is called a K-3 visa. The unmarried children of the alien spouse can apply for a K-4 visa.
