How Can I Marry My Fiancee in the United States?

How Can I Marry My Fiancee in the United States

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If your Fiancee is not a citizen of the United States and you plan to get married in the United States, then you must file a k1 visa petition with USCIS for the advantage of your Fiancee. Once her fiancee visa petition is approved, your Fiancee is required to attain a K-1 visa issued at a U.S. Consulate in her home country. The marriage is mandatory to take place within 90 days of your Fiancee entering the United States. If the marriage does not occur within 90 days or your Fiancee marries someone else other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fianc), your Fiancee will be required to depart the United States. Until the marriage takes place, your Fiancee is considered a nonimmigrant. A nonimmigrant is a non-United States born person asking to temporarily come into the United States of America for a specific reason. A Fiance may not obtain an extension of the 90-day original nonimmigrant admission. 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 wife must leave the country within the 90-day original period of time granted.) Please note, your Fiance will initially receive conditional permanent residence status for two years. Conditional permanent residency is approved when the marriage creating the relationship is less than two years old at the time of adjustment of 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 permitted back into the United States without a new visa.

The K-1 visa is similar to processing an immigrant visa petition in that civil and financial documents are required. You must file the Petition for Alien Fiancee, Form I-129F, with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. See the Department of Homeland Security's USCIS Field Offices for information on where you can file the petition. Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad. After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where your Fiancee will apply for a K-1 nonimmigrant visa for a Fiancee. The unmarried children under age 21 of the K-1 visa holder may be given K-2 visa, if they seek to accompany or follow to join the primary visa holder. Although the K-1 and K-2 visas are described as nonimmigrant visas, these visas are processed at the Immigrant Visa Unit at the U.S. Embassy.

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