Visas for Fiancé(e)s of U.S. Citizens
If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiance(e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). The K-1 nonimmigrant visa is also known as a fiancé(e) visa.
In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.
If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).
If you have already married, plan to marry outside the United States, or your fiancé(e) is already residing legally in the United States, your spouse or fiancé(e) is not eligible for a fiancé(e) visa.
Eligibility For Fiance(e) Visa
You may be eligible to bring your fiancé(e) to the United States on a fiancé(e) visa if you meet the following requirements:
• You are a U.S. citizen;
• You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)’s admission to the United States on a K-1 nonimmigrant visa;
• You and your fiancé(e) are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment); and
• You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition. You may request a waiver of this in-person meeting requirement if you can show that meeting in person would:
o Violate strict and long-established customs of your fiancé(e)’s foreign culture or social practice; or
o Result in extreme hardship to you, the U.S. citizen petitioner.
Process For Bringing Your Fiance(e) To The United States
The process for bringing your fiancé(e) to the United States involves the United States Citizenship and Immigration Services (USCIS), the U.S. Department of State (DOS), and U.S. Customs and Border Protection (CBP). At each stage in the process, background and security checks may be conducted on both you and your fiancé(e). This may include checks in various databases for national security, criminal history, and other information about you and your fiancé(e). These checks are conducted using fingerprints, names, or other biographic or biometric information.
Step 1: Petition for Fiancé(e)—USCIS
1. You file Form I-129F, Petition for Alien Fiance(e) according to the form instructions. This form asks the USCIS to recognize the relationship between you and your fiancé(e).
2. USCIS will review your Form I-129F and the documents you submitted. USCIS may mail you a request for evidence if they need additional documentation or information.
3. If you establish your eligibility, USCIS will approve your Form I-129F and recognize the claimed fiancé(e) relationship. Otherwise, USCIS will deny your Form I-129F and notify you of the reasons for denial.
4. USCIS will send the approved Form I-129F to the DOS National Visa Center (NVC).
For additional information about filing the petition, see the Form I-129F and form instructions.
Step 2: Visa Application—DOS
1. The NVC forwards the approved Form I-129F to the U.S. Embassy or consulate where your fiancé(e) will apply for a K-1 nonimmigrant visa. This is generally the U.S. Embassy or consulate where your fiancé(e) lives.
2. The U.S. Embassy or consulate notifies you when the visa interview for your fiancé(e) is scheduled.
3. Your fiancé(e) applies for the K-1 nonimmigrant visa and brings the required forms and documents to the visa interview.
4. The DOS consular officer determines whether your fiancé(e) qualifies for the K-1 nonimmigrant visa.
• If the consular officer grants the K-1 nonimmigrant visa, it is valid for up to 6 months for a single entry.
• If the consular officer does not find the relationship to be bona fide, DOS will not issue a K-1 nonimmigrant visa and instead will return the Form I-129F to USCIS. Generally, if DOS returns a Form I-129F to us after it has expired, we will allow it to remain expired. However, you may choose to file a new Form I 129F.
Step 3: Inspection at a Port of Entry—CBP
If DOS issues a K-1 nonimmigrant visa, your fiancé(e) travels to the United States and seeks admission at a port of entry while the K-1 nonimmigrant visa is valid. As with any visa, a K-1 nonimmigrant visa does not guarantee admission to the United States. A CBP officer at the port of entry will make the ultimate decision about whether to admit your fiancé(e).
Step 4: Marriage
If your fiancé(e) is admitted as a K-1 nonimmigrant, you and your fiancé(e) have 90 days to marry each other.
Step 5: Adjustment of Status—USCIS
1. If you marry within 90 days, your fiancé(e)—now your spouse—may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
2. We review Form I-485 and the documents your spouse submitted. We may mail a request for evidence to your spouse if we need additional documentation or information.
3. You and your spouse will usually be required to appear for an interview.
4. If you were married for less than two years at the time the Form I-485 is approved, USCIS will grant your spouse conditional permanent resident status and issue a Green Card valid for 2 years. Your spouse will need to remove the conditions on his or her residence by filing Form I-751, Petition to Remove Conditions on Residence in the 90 days before his or her Green Card expires.
For additional information about applying for a Green Card, see the Form I-485 and instructions and the Quick Summary section on Green Card for Fiance(e) of a U.S. citizen.
For additional information about removing the conditions on your spouse’s conditional permanent residence, see the Form I-751.
Each case is different and the length of the process varies. USCIS processes fiancé(e) petitions in the order it receives them.
Children Of Fiance(e)s
If your fiancé(e) has a child who is under 21 and unmarried, the child may be eligible to come to the United States on a K-2 nonimmigrant visa. You must include the names of your fiancé(e)’s children on the Form I-29F if you wish to bring them to the United States. The children must continue to be unmarried and under 21 in order to be admitted to the United States as K-2 nonimmigrants. They may travel with your fiancé(e) or later, but they cannot travel to the U.S. before your fiancé(e).
If you and your fiancé(e) married within 90 days of your fiancé(e)’s admission into the U.S., your fiancé(e)’s children who were admitted as K-2 nonimmigrants may also apply for a Green Card by filing Form I-485 with USCIS. However, K-2 nonimmigrant children must remain unmarried in order to be eligible for a Green Card. K-2 nonimmigrant children should apply for a Green Card at the same time or after your fiancé(e).
Permission To Work
After being admitted to the U.S. on a K-1 nonimmigrant visa, your fiancé(e) may immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization. In this case, your fiancé(e)’s work authorization is valid for only 90 days after his or her entry into the U.S.
Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments.
Failure To Marry Within 90 Days
K-1 and K-2 nonimmigrant status automatically expires after 90 days and cannot be extended. Generally, your fiancé(e) and his or her children must leave the United States at the end of the 90 days if you do not marry. If they do not depart, they will be in violation of U.S. immigration law. This may result in removal (deportation) and could affect their future eligibility for U.S. immigration benefits.
But if you marry your fiancé(e) after the 90 day period, you may file a Form I-130, Petition for Alien Relative, and your foreign spouse may be able to get a Green Card on the basis of your marriage. See the Quick Summary on Green Cards.
Forced Marriage
Forced marriage is a marriage that takes place without the consent of one or both people in the marriage. Consent means that you have given your full, free, and informed agreement to marry your intended spouse and to the timing of the marriage. Forced marriage may occur when family members or others use physical or emotional abuse, threats, or deception to force you to marry without your consent.
Victims of forced marriage may be girls, boys, women or men. Forced marriage can impact individuals of any race, ethnicity, religion, gender, age, or national origin, and it impacts individuals from all economic and educational backgrounds.
The Difference Between Forced Marriage And Arranged Marriage
Arranged marriage is a common tradition in many cultures and is not the same as forced marriage. In an arranged marriage, families may play a role in choosing the marriage partner, but both individuals are free to choose whether or not to marry and when to get married. A forced marriage happens when families or others both arrange the marriage and deny the individuals to be married the ultimate choice of whether, when, and whom to marry.
Some Signs That May Accompany a Forced Marriage
• You feel you do not or did not have a choice regarding whom to marry or when to marry
• You are experiencing or are being threatened with abandonment, isolation, or physical or emotional abuse if you do not marry or if you attempt to leave a marriage you did not consent to
• You are afraid of the consequences of saying “no” to a marriage, including suffering physical harm or being cut off from your family
• You are being closely monitored in an effort to prevent you from talking to others about the pressure you are facing
• You feel you cannot refuse to marry or leave a marriage you did not consent to because it would shame or harm you or your family
• You believe that you or people you care about would be hurt or even killed if you refuse to marry or attempt to leave a marriage you did not consent to
• You have had your travel documents, identification, communication devices, or money taken away from you and will not get them back unless you agree to marry or remain in a marriage you did not consent to
The U.S. Government's View Of Forced Marriage
The U.S. government is opposed to forced marriage and considers it to be a serious human rights abuse. If the victim of forced marriage is a child, forced marriage is also a form of child abuse.
The U.S. government is working in the United States and abroad to end the practice and to assist individuals who have been forced into marriage or are at risk of being forced into marriage.
In some U.S. states, forced marriage is a crime, and in all U.S. states, people who force someone to marry may be charged with violating state laws, including those against domestic violence, child abuse, rape, assault, kidnapping, threats of violence, stalking, or coercion. People who force someone to marry may also face significant immigration consequences, such as being inadmissible to or removable from the United States.
If you have been or are being forced into marriage, you are not at fault and you have not violated any U.S. laws by entering into the marriage.
If You Are In Or At Risk Of A Forced Marriage
If you believe you are in a forced marriage or are at risk of a forced marriage, you may be able to receive legal aid, social services, and safety planning (including emergency housing). You may also be able to obtain an order of protection, annulment, legal separation, divorce, or a child custody order granting you custody of any children resulting from the forced marriage.
If You Are In The United States
If you need help to prevent or leave a forced marriage or want more information about options and support for you or others facing a forced marriage in the United States, ask for help:
• If you are in immediate danger, call 911 to receive immediate help from your local police.
• If you need confidential help, at any time of the day or night, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233), or the National Human Trafficking Hotline at 1-888-373-7888.
If You Are Outside The United States
If you are a U.S. citizen outside of the United States and are being forced into a marriage, please contact the nearest U.S. Embassy or consulate for assistance.
Forced Marriage And U.S. Immigration Benefits
If you are a U.S. citizen being forced to sponsor your spouse or fiancé(e), or a lawful permanent resident being forced to sponsor a spouse for an immigration benefit, you may withdraw your petition at any time before a decision is issued by USCIS or, if approved, before the person is admitted or granted adjustment of status.
Withdrawing your petition may trigger certain automatic notifications that USCIS mails to the address on file. This means that your spouse or fiancé(e) may receive a notice from USCIS that you have withdrawn your petition. Therefore, before withdrawing your petition, you may want to talk with an organization or immigration lawyer or accredited representative familiar with forced marriage situations to discuss your options and plan for your safety.
Marriage Fraud
U.S. Immigration and Customs Enforcement (ICE) has an online tip form (https://www.ice.gov/webform/hsi-tip-form) to report suspected benefit/marriage fraud or other violations.
Legal References
• 8 U.S.C. §1101(a)(15)(K)
• 8 U.S.C. §1184
• 8 CFR 214.2(K)
In Texas, as in all other U.S. states, the process for a U.S. citizen to bring a foreign fiancé(e) to the United States for marriage is governed by federal law. The U.S. citizen must file Form I-129F, Petition for Alien Fiancé(e), with the United States Citizenship and Immigration Services (USCIS) to begin the process of obtaining a K-1 nonimmigrant visa, commonly known as a fiancé(e) visa. The couple must intend to marry within 90 days of the fiancé(e)'s entry into the U.S. on the K-1 visa, and the marriage must be bona fide. After marrying, the foreign spouse can apply for lawful permanent resident status (a Green Card). The process involves multiple steps, including USCIS petition approval, a visa application with the Department of State, and admission at a U.S. port of entry. Children of the fiancé(e) may be eligible for K-2 nonimmigrant visas. Work authorization is also possible for the fiancé(e) upon entry into the U.S. Failure to marry within the 90-day period can have serious immigration consequences. Additionally, forced marriage is a human rights abuse and is opposed by the U.S. government; victims can seek help and protection. The process and legal framework for fiancé(e) visas are consistent across the United States and are not specific to Texas law.
