If you are a U.S. citizen and wish to bring a foreign fiancée to the U.S. in order to get married, you will need to complete and file Form I—129F, Petition for Alien Fiancé(e). This is the form that you must complete in order to get a K-1 nonimmigrant visa, also known as a fiancé(e) visa.
In order for your fiancée to be eligible for this type of visa, you must intend to marry within 90 days of your fiancée entering the U.S. as a K-1 nonimmigrant. You also must be able to show proof that your intended marriage is legally valid, meaning that you and your fiancée have a bona fide intent to marry and establish a life together. You also must be able to show that your intended marriage is not for the sole purpose of obtaining an immigration benefit.
Additionally, you and your fiancée both must be legally free to marry each other, meaning that you are not currently married to someone else and that any prior marriages have been dissolved through divorce, death, or annulment. With a few exceptions, you also must have met your fiancée in person at least once during the two-year period immediately prior to filing an application for her K-1 nonimmigrant visa.
At each step in the process of getting a K-1 nonimmigrant visa for your fiancée, both you and your fiancée may be subject to background and security checks, which can include getting information from national security, criminal history, and other databases. The U.S. government may conduct these checks using your names, fingerprints, or other biographical or biometric information.
Assuming that the government approves the visa application for your fiancée, it then sends the application to the Department of State National Visa Center (NVC). The NVC then forwards the application to the U.S. embassy or consulate in the country in which your fiancée lives. Your fiancée must then apply for a K-1 nonimmigrant visa, go through a visa interview, and submit any required forms and documents. If your fiancée qualifies for a K-1 nonimmigrant visa, she will receive a visa that is valid for a single entry into the U.S. within six months.
No matter what type of immigration case you are facing, the skilled and knowledgeable immigration lawyers of Peek & Toland are here to help. We handle many different types of immigration cases on a daily basis and have invaluable knowledge about how to best achieve your goals, based on your individual circumstances. By contacting our office right away, you will place yourself in the most advantageous position to successfully resolve your legal matter.