Last Updated: Tuesday, 14 May 2002
American Citizen-Foreign National Marriages
Green Card VISA PROCEDURES
The Immigration and Nationality Act, as amended, provides U.S. citizens with two options for facilitating the immigration of future spouses to the United States: the K-1 fiancée visa and the alien-spouse immigrant visa. In many cases, the processing time for a fiancé visa is shorter than that for an alien spouse. Fiancé visa processing can take several months from the filing of the petition to the final adjudication of the visa. Total processing time for the alien-spouse visa can take 6-12 months depending on individual circumstances. If your alien fiancée is already in the United States and plans to adjust status in the U.S., contact the Immigration and Naturalization Service (INS).
Marriage In the United States: Fiancé Visa
U.S. citizens may file a Form I-129F petition with INS for the issuance of a K-1 fiancé visa to an alien fiancé. A citizen exercising this option must remain unmarried until the arrival of the fiancé in the U.S., and the wedding must take place within three months of the fiancee's arrival if he/she is to remain in status. Also, the alien and U.S. citizen must have met personally at least once in the two years before the petition was filed. Please note that legal permanent residents may not file petitions for fiancé visas. They must marry abroad and then file a Form I-130 petition for the immigration of a new spouse.
Marriage Abroad: Alien-Spouse Visa
If a U.S. citizen marries an alien abroad, a Form I-130 petition must be filed after the marriage to begin the immigration process for the alien spouse. This can be filed either with the Immigration and Naturalization Service (INS) in the United States, or, under certain circumstances, at U.S. Embassies or Consulates abroad. U.S. Embassies and Consulates have differing policies on approving Form I-130 and should be individually contacted about the availability of this service. Many posts have their own web pages which include this information and which can be accessed through the U.S. Embassy and Consulate links page. Prior to departure from this country, the U.S. citizen should contact the INS or appropriate foreign service post to ascertain exactly what documents will be necessary to file the immigrant petition for a new spouse.US Immigration , Foreign marriages and FIANCÉE Visas
The Immigration and Nationality Act provides a nonimmigrant visa classification "K-1" for aliens coming to the United States to marry American citizens and reside here.
PETITION
To establish K-1 visa classification for an alien fiancée), an American citizen must file a petition, Form I-129F, Petition for Relative or Fiancée), with the Immigration and Naturalization Service (INS) having jurisdiction over the place of the petitioner's residence in the United States. Such petitions may not be adjudicated abroad. The approved petition will be forwarded by INS to the American consular office where the alien fiancée) will apply for his or her visa. A petition is valid for a period of four months from the date of INS action, and may be revalidated by the consular officer.
VISA INELIGIBILITY/WAIVER
Applicants who have a communicable disease, or have a dangerous physical or mental disorder; are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution; are likely to become a public charge; have used fraud or other illegal means to enter the United States; or are ineligible for citizenship, must be refused a visa. The two-year foreign residency requirement for former exchange visitors is also applicable. If found to be ineligible, the consular officer will advise the applicant if the law provides for a waiver.
APPLYING FOR A FIANCÉE) VISA
Upon receipt of an approved petition, the American consular officer will notify the beneficiary and give him or her the necessary forms and instructions to apply for a "K" visa. Since a fiancée) visa applicant is an intending immigrant, he or she must meet most of the same documentary requirements of an immigrant visa applicant. In addition to the prescribed application forms, the following documents are normally required:
-- Valid passport
-- Birth certificate
-- Divorce or death certificate of any previous spouse
-- Police certificate from all places lived since age 16
-- Medical examination
-- Evidence of support
-- Evidence of valid relationship with the petitioner
-- Photographs
OTHER DOCUMENTATION
Both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States. The petitioner and beneficiary must have previously met in person within the past two years unless the Attorney General waives that requirement. As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the fiancée). If found eligible, a visa will be issued, valid for one entry during a period of six months. Each applicant must pay a non-refundable US$45 application fee.
U.S. PORT OF ENTRY
At the port of entry, the alien fiancée) will receive a stamp in his or her passport giving temporary permission to work pending marriage to the U.S. citizen. The marriage must take place within 90 days of admission into the United States. Following the marriage, the alien spouse must apply to the INS to establish a record of entry for conditional permanent residence status. After two years, the alien may apply with Form I-751 to the INS for removal of the conditional status .
ADDITIONAL INFORMATION
Family Members
The unmarried, minor children of a K-1 beneficiary derive "K-2" nonimmigrant visa status from the parent so long as the children are named in the petition. A separate petition is not required if the children accompany or follow the alien fiancée) within one year from the date of issuance of the K-1 visa. Thereafter, a separate immigrant visa petition is required.
Employment
The alien fiancée) is given temporary permission to work by the INS at the port of entry.
