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Fiancée Filings

U.S. citizens can file I-129 petition for foreign nationals that can be processed through consulates abroad after approval of the I-129 petition. We can discuss with you the timing for such petitions and alternative means of accomplishing your objective, such as marrying the foreign national and filing an I-130 for your spouse.

Details:

The process for immigration filings for fiancées (or fiancés) involves the K-1 visa, a non-immigrant visa that allows a U.S. citizen to bring their foreign national fiancée to the United States for the purpose of getting married. The K-1 visa is a way to bring your foreign fiancée to the U.S. so that you can marry within 90 days of their arrival. Here are the key steps in the process:

  1. Eligibility:
    • The U.S. citizen petitioner must be legally eligible to marry and must have met their fiancée in person within the two years before filing the petition. There are limited exceptions to the in-person meeting requirement based on extreme hardship or cultural customs.
  2. Filing the Form I-129F Petition:
    • The U.S. citizen petitioner must file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS).
    • The petitioner must include supporting documents, such as proof of U.S. citizenship, evidence of the in-person meeting, and proof of the bona fide nature of the relationship.
  3. USCIS Processing:
    • USCIS will review the petition to ensure it meets the eligibility criteria. If the petition is approved, USCIS will send it to the National Visa Center (NVC).
  4. Consular Processing:
    • The NVC will forward the approved petition to the U.S. embassy or consulate in the foreign fiancée’s home country.
    • The fiancée will then be required to complete a medical examination and attend an interview at the U.S. embassy or consulate.
  5. Visa Issuance:
    • If the interview is successful, and the fiancée is found eligible, they will be issued a K-1 visa, which allows them to travel to the United States.
  6. Entry and Marriage:
    • Once the fiancée arrives in the U.S., you and your fiancée must get married within 90 days of their entry.
    • After the marriage, the fiancée can apply for Adjustment of Status to become a lawful permanent resident (green card holder).

It’s essential to follow the requirements and provide complete and accurate documentation throughout the process. The K-1 visa process can be complex, and any mistakes or omissions can lead to delays or denials.