Fiancée

Petitioning for a Fiancée

A U.S. citizen may petition for a foreign national fiancée. A permanent resident may not petition for a fiancée.

After USCIS approves the Petition it is forwarded to the appropriate U.S. consulate to schedule a consular via interview. There is no "preference system" circumstance for a fiancée via because technically it is an nonimmigrant visa.

The USCIS requires the petitioning U.S. citizen fiancée to prove s/he has personally met the foreign national fiancée at least once in the two years before the petition was filed. Generally, you must meet in person. The exceptions to this requirement are severely limited.

The U.S. consulate makes a separate decision whether to issue the fiancée, or K-1, visa. The consular officer considers a number of factors including that the relationship is on-going and the Affidavit of Support is sufficient. If the consular officer approves the fiancée visa the fiancée is issued a K-1 visa and is authorized to apply for admission to the U.S. at a port of entry. The fiancée K-1 visa is a 90 day, one entry visa.

The beneficiary-fiancée must marry the U.S. citizen petitioner-fiancée within 90 days of the beneficiary-fiancée's entering the U.S. If the marriage does not take place within 90 days of the beneficiary-fiancée entering the U.S. pursuant to the K-1 visa, then s/he is required to leave the U.S. A fiancée may not obtain an extension of the 90-day original nonimmigrant admission.

After the marriage the then-spouses apply to adjust status to permanent resident ("green card").

The current Permanent Resident Card (or Green Card) Form I-551: