How to Bring my Fiancé to the United States?

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1. First What is that Fiance or K-1 Visa?

   K-1 Visa or Fiance Visa is a non immigrant Visa that allows your non-US citizen fiance to travel to the United States to marry you within 90 days of entering the country. So, right after you tie your knots and have the first kiss as a husband and wife, well have some fun first and allow the county to issue you a copy of the marriage certificate, the finace, now the spouse, have to apply for adjustment of status with USCIS to become a Legal Permanent Resident (LPR). Please make sure first that you and your fiance are free to marry though. You must have met your fiance in person in the past 2 years. If the Fiance has children they will receive K-2 Visa. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.

2. So, Who is a Fiance under the Law?

   Under the immigration law, a fiance is the beneficiary of an approved application for an Alien Fiance; Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiance. The marriage has to be valid in the state where you get married.

3. Now How to Start this Process?

   The US citizen fiance will need to file Form I-129F in the USCIS office that serves the area where he/she lives. After this application is approved, it will be sent to the National Visa Center (NVC). The NVC will send you a letter with a case number and send the application to the Embassy or Consulate where your foreigner fiance lives.

4. Now what about Paperwork? What Kind of Documents Needed?

   The foreign-citizen fiance will need the following documents ready to take to the interview with her/him: 1) Completed Form DS-160, Online Nonimmigrant Visa Application. The foreign-citizen fiance (and any eligible children applying for K-4 visas) must: (1) complete Form DS-160 and (2) print the DS-160 confirmation page to bring to the interview. 2) A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. 3) Divorce or death certificate(s) of any previous spouse(s) for both you and the U.S. citizen sponsor 4) Police certificates from your present country of residence and all countries where you have lived for six months or more since age 16 (Police certificates are also required for accompanying children age 16 or older) 5) Medical examination (vaccinations are optional) 6) Evidence of financial support (Form I-134, Affidavit of Support, may be requested) 7) Two 2×2 photographs. The Photo requirements are listed on the I-129F Form. 8) Evidence of relationship with your U.S. citizen fiance for example, photos, correspondence, phone records, emails…etc. 9) Receipt of Payment of fees. Keep in mind that the consular officer may ask for additional information, such as photographs and other proof that the relationship with your U.S. citizen fiance is genuine. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview clear, legible photocopies of civil documents and translations, such as birth and divorce certificates. Original documents and translations will be returned.

5. How abut that Financial Support thing? Do I Need to be rich?

   The foreign-citizen fiance will need to present evidence to the consular that he/she will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiance is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiance. Now there is a difference between Form I-864 and Form I-134. And NO. You don’t have to be rich. The U.S. citizen fiance will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage. For Form I-864, you need 125 percent of the federal poverty guideline minimum income requirement and the most recent year’s tax return. Applicants presenting Form I-134 will need to show that their U.S. sponsor’s income is 100 percent of the federal poverty guideline.

6. Great, so what Happens after my Finace has K-1 Visa Approved?

   Generally, the Consular will give the foreign citizen finace her/his passport with a K-1 Visa attached and a sealed packet containing all the documents you provided and some other documents the embassy prepared. DON’T OPEN THE SEALED PACKET. Only the DHS immigration officer should open this packed at arrival at US airport. The foreign-citizen fiance must travel to the United States within 6 months from the issuance of the K-1 Visa, and must marry the US citizen fiance within 90 days from arrival in the United States. And they Lived Happy Ever After.

Author: Mark

A U.S. immigration lawyer. Legal Services available in Arabic and Russian. View all posts by Mark