K-1 or Fiancee Visas

Fiance Visa Secrets How to file I-129F


Fiance Visa Secrets Expert support to help you prepare your fiancee or spousal visa, K-1 or K-3 petition using form I-129F to US immigration service, USCIS.

What is a Fiance Visa

If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with INS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing INS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.

I129F Petition

The fiance(e) petition (Form I-129-F) and two G-325-A biographic information forms. You must fill out completely both the petition and biographic information forms. Your fiance(e) will be required to present the supporting financial documents at the time of his/her visa interview. 

We will also need all of the following documents: 

a photocopy of your U.S. passport identification page (plus a copy of your naturalization document if you are a naturalized citizen); 

photocopies of any death certificates of a previous spouse that you or your fiance(e) may have and photocopies of any divorce decrees terminating a previous marriage that you and your fiance(e) may have, with translations; 
two passport-size  photographs of both yourself and your fiance(e), attached to the bottom of the G-325 biographic forms; 

a photograph of the two of you together to prove you have met;

proof you have a genuine bone fide relatonship

INS will notify you and forward the petition to the embassy for your fiancé(e)’s country of residence. 
Notifying Your Fiance(e) : 

Upon receipt of the approved I-129F petition , the local American embassy will send a letter and information sheet to the Beneficiary outlining the steps to be taken to apply for an Alien Fiancé(e) visa, called a "K" visa.  The embassy will generate a computer name check.  The mandatory name check procedure takes several days.  After the name check clears, the embassy can schedule the applicant for an interview. 
Scheduling: Visa Interview and Medical Examinations 
Before the interview, the Beneficiary must complete a medical examination at an Embassy-approved medical facility.  Forms and information about this is included in the information packet. 

The visa application fee is $455 per person; there is no issuance fee. If the Beneficiary's interview is successful, the "K" visa will be issued on the afternoon of the day of the interview.  The "K" visa is valid for a single entry during a 6-month period. 

Interview at US Embassy or Consulate

The Beneficiary must provide: 

1.    A valid International Passport with a photocopy of the first page. 

2.    An original birth certificate with photocopy and translation into English. 

3.    Applicants are required to submit police certificate in all names as well as all dates of birth that they have used. Police certificate must contain references to each place  in which the applicant lives or has lived for more than six months since reaching the age of 16, regardless of where he/she is officially registered. This includes localities where applicants have lived during university studies. If the applicant was on his military service, he should bring the certificate from the local draft board. If an applicant has lived abroad for more than one year a police certificate must also be submitted from the country in which he/she lived. Military records will be accepted only from local authorities and not from military commissions. 

4.    If applicable, evidence of termination of any prior marriage: original, photocopy and translation into English. 

5.    An accompanying child requires a valid passport (or may be included in the parent's passport), a birth certificate and a medical examination. If a child is 16 years of age or over, police certificates are required. 

6.    Two photos of passport size black and white full face for visa. 

7.    Two photos of passport size for medical exam. 

8.    There is an application fee of $131 (per person, payable at the Embassy on the day of interview. 

9.    Documents confirming relationship: photos of Petitioner and Beneficiary together, letters to each other, phone bills, emails.... 

10.    Results of Medical Examination in sealed envelope. 

11.    Employment letter with Sponsors salary information and/or a copy of tax returns (Form 1040) for the last year. 

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If your fiancee intends to live and work permanently in the United States, your fiancee should apply to become a permanent resident after your marriage. (If your fiancee does not intend to become a permanent resident after your marriage, your fiancee/new spouse must leave the country within the 90-day original nonimmigrant admission.). Please note, your fiancee will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status.

Please note: Your fiancee may enter the United States only one time with a fiancee visa. If your fiancee leaves the country before you are married, your fiancee may not be allowed back into the United States without a new visa.

U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancee classification (K-1) for their fiancee. You and your fiancee must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancee in person within the last two years before filing for the fiancee visa. This requirement can be waived only if meeting your fiancee in person would violate long-established customs, or if meeting your fiancee would create extreme hardship for you. You and your fiancee must marry within 90 days of your fiancee entering the United States.

Expert Tip # 12

Don't violate the terms of the Fiancee Visa. Sometimes after the Fiancee Visa is granted, couples think to marry twice, once immediately among her family and friends in her country, and then a second time later with his family and friends in the U.S. They plan to "game" the visa process by only reporting the second marriage on the Adjustment of Status. This is a bad idea. When entering the U.S. the Immigration officer will ask her "Are you single?". If the Fiancee admits she is in fact already married to the Sponsor, she will be refused entry to the U.S. and sent back. The application process would need to be started completely over this time with the Husband now petitioning for a Spousal Visa. Enjoy an informal engagement party with her family and friends, but never enter what would be considered a legal marriage before she enters the U.S. Only as a single woman may she travel to the U.S. in compliance with the terms of her Fiancee Visa.

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