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Immigration

FIANCE(E) VISA
Questions & Answers

Questions and Answers: Immigration Law
(K- nonimmigrant fiancé(e) visa)
By Edward Yang

1. What documents are normally required to petition for a fiancé(e) visa?

Following documents are required: valid passport; birth certificate; divorce or death certificate of any previous spouse; police certificate from all places lived since 16; medical examination; evidence of support; evidence of valid relationship with the petitioner and photographs.

2. Where can I apply for a K nonimmigrant visa?

One must apply at the American consulate located in the country where the marriage to the U.S. citizen took place. If the marriage took place in the United States, then one must apply at the designated consulate where the alien spouse resides permanently.

3. Can I petition the child of an alien spouse?

Yes, a separate petition is not required if the child accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. The child must be unmarried and 21 years of age or younger.

4. Can a greencard holder petition for a fiancé(e) visa?

No. Greencard holder is not eligible. Only an American citizen can petition for fiancé(e) visa.

5. Can my alien spouse work in the United States?

Yes. It gives permission for employment while waiting for the processing of their case to permanent resident status.

6. Is there a required time period to consummate marriage upon arrival to the United States?

Yes. Upon arrival in the United States, you must marry with the U.S. citizen fiancé(e) within ninety days.

7. When do I have to apply for permanent residence after marriage?

You must apply for permanent residence within two years of the marriage.

8. What happens if I fail to consummate marriage within ninety days upon my arrival to the United States or fail to apply for permanent residence status within two years of marriage?

Your fiancé(e) visa becomes invalid. You must return to your country. You are not eligible to adjust your status to permanent resident.

9. Is there a foreign residency requirement for former exchange visitor to the United States?

Yes. Two year foreign residency is required for former exchange visitor to be eligible for a fiancé (e) visa.

For questions or to add information to the page
please e-mail Bo Lorentzen