Law & Legal & Attorney International Law

K1 Fiancée Visa - Marry a US Citizen

With a K1 fiancée visa [] you can marry a US citizen in the United States. The United States citizen needs to file Petition for Alien Fiancé(e) Form I-129F petition on behalf of the foreign fiancée with the USCIS office serving the area. The approval of the petition enables the fiancée to obtain the K-1 Visa [] that is issued at an American embassy or consulate in the country of the fiancée. Once the fiancée receives the visa she/he can enter the United States through a US immigration port-of-entry. On entry, the marriage must take place within 90 days.

Following the marriage, the foreign spouse must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS, along with the American spouse's Affidavit of Support, in order to become a lawful permanent resident. Children of the fiancée (who are not married and are below 18) could also accompany him/her to the States through a derivative K-2 Visa, provided the names of the children have been mentioned in the I-129F petition filed by the American partner with the USCIS. Following the marriage of the parent in the United States the child/children will require a Form I-485 Application to Register Permanent Residence or to Adjust Status.

If, for any reason, the marriage does not take place within 90 days of the foreign fiancée's entry to the US, the fiancée must return to his/her country. After leaving, the individual cannot re-enter the US on the same visa. For this the foreign fiancée should apply with the Form I-131 Application for Travel Document in order to secure an advance parole to return to the US.

With the provision for a K1 fiancée visa, it is now easier to marry a US citizen. Political barriers are broken down and love beyond boundaries becomes a reality.

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