Immigrant Visas

Fiancé(e) Visa (K1)

If the fiancé(e) of a U.S. citizen intends to travel to the United States to marry and take up indefinite residence after marriage, he or she will require a fiancé(e) visa.

Please note: A fiancé(e) cannot enter the United States on a visitor visa to take up indefinite residence.

Who is eligible

A fiancé(e) of a United States citizen who will travel to the United States to marry and take up indefinite residence after marriage. To qualify for a fiancé(e) visa, the following criteria must be meet:

• one party is a U.S. Citizen;
• both parties are legally free to marry;
• the marriage will take place within 90 days of the fiancé(e) entering the United States on the fiancé(e) visa.

Please note: If you return to your permanent place of residence outside the United States after the marriage ceremony while an application for permanent resident status has been pending with the USCIS, you will be required to have an immigrant visa to return to the United States, unless you have obtained a special permission (advance parole) from USCIS to return.

How to apply

The first step in applying for a fiancé(e) visa is for the U.S. Citizen fiancé(e) (the petitioner) to file a petition on Form I-129F with the United States Citizenship and Immigration Services (USCIS) having jurisdiction over his/her place of residence in the U.S.

What happens to the approved petition

The approved petition is sent to the National Visa Center (NVC) in New Hampshire for additional processing before being forwarded to the Embassy or Consulate having jurisdiction over the fiancé(e) visa applicant's place of residence.

How long the application will take to process

The period of time it will take to process the application will vary with each individual's circumstances. When filing the petition, form I-129F, with the USCIS, your fiancé(e) should ask how long the petition will take to be processed. A petitioner may search for the status of a pending case on-line at the USCIS web site.

Children

Children under the age of 21 are eligible to derive status from the fiancé(e) visa petition filed on behalf of their parent; their name(s) should be included in the petition. If the U.S. Citizen is the natural parent of the child, the child may have claim to American citizenship and, therefore, may be eligible for a U.S. passport.

Last updated: 05/06/2005