If you are a U.S. citizen planning to bring your foreign fiancé to the United States for marriage, you can apply for a K-1 visa, also known as a fiancé visa. The K-1 visa allows your fiancé to enter the U.S. for the purpose of getting married and eventually applying for lawful permanent residence. Here’s a step-by-step guide on how to obtain a K-1 visa for your fiancé:
1. Determine Eligibility:
Before you start the process, ensure that you and your fiancé meet the eligibility requirements for the K-1 visa:
- You must be a U.S. citizen, not a green card holder.
- Both you and your fiancé must be legally free to marry.
- You must have a genuine intention to marry within 90 days of your fiancé’s entry into the U.S.
2. File a Petition (Form I-129F):
As the U.S. citizen petitioner, you need to file a Petition for Alien Fiancé (Form I-129F) with U.S. Citizenship and Immigration Services (USCIS). The petition demonstrates your relationship and intent to marry. USCIS will review and, if approved, forward the petition to the National Visa Center (NVC).
3. Wait for USCIS Approval:
USCIS will notify you once your petition is approved. This process can take several months, and you will receive a notice of approval or a Request for Evidence (RFE) if additional information is required.
4. NVC Processing:
Once USCIS approves the petition, it is transferred to the NVC. The NVC will issue a case number and forward the approved petition to the U.S. embassy or consulate in your fiancé’s home country.
5. Complete Visa Application:
Your fiancé will need to complete a visa application, Form DS-160, and pay the visa application fee. The application is submitted online, and a confirmation receipt must be printed and saved for the interview.
6. Medical Examination and Police Clearance:
Your fiancé will be required to undergo a medical examination by an approved panel physician and obtain a police clearance certificate from every country where they have resided for more than six months since turning 16 years old.
7. Attend Visa Interview:
Your fiancé will schedule and attend a visa interview at the U.S. embassy or consulate in their home country. During the interview, they should provide all required documentation, including the DS-160 confirmation receipt, passport, police clearance certificate, and medical examination results.
8. Receive Visa:
If approved, your fiancé will receive the K-1 visa in their passport. The visa is typically valid for six months and allows a single entry to the U.S. within that timeframe.
9. Travel to the U.S.:
Once your fiancé receives the K-1 visa, they can travel to the U.S. Within 90 days of their arrival, you must get married. If you do not marry within this period, your fiancé may be required to leave the U.S.
10. Apply for Adjustment of Status:
After your marriage, your fiancé can apply for adjustment of status to become a lawful permanent resident (green card holder) using Form I-485. This application should be submitted within the 90-day window following your marriage.
11. Attend Biometrics Appointment and Interview:
Your fiancé will be required to attend a biometrics appointment and an interview as part of the adjustment of status process. The purpose of the interview is to verify the bona fides of your marriage.
12. Receive the Green Card:
If the adjustment of status is approved, your fiancé will receive a conditional green card valid for two years. After two years, you can apply to remove the conditions and obtain a permanent green card.
Conclusion:
Obtaining a K-1 visa for your fiancé involves several steps, from filing a petition with USCIS to attending a visa interview and adjusting status after marriage. It’s important to stay organized, follow the necessary procedures, and comply with all the requirements outlined by USCIS and the U.S. embassy or consulate in your fiancé’s home country. Proper documentation and communication are key to successfully bringing your fiancé to the United States.
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