If a U.S. citizen wants to marry someone who lives outside the U.S., but wants to be married inside the U.S., a fiancé(e) visa (K Visa, Form I-129F) is a valid option. The fiancé(e) visa allows the U.S. citizen to petition for their fiancé(e), allowing the fiancé(e) to enter the U.S. Once the fiancé(e) enters, the petitioner and fiancé(e) have 90 days to marry. If you are already married, you can file a Fiancé(e) Visa at the same time as Form I-130 (click here to see prior blog post), which may allow your spouse to come to the U.S. sooner.
To petition for a foreign fiancé(e) the U.S. citizen sends Form I-129F, along with necessary proofs, to USCIS. Once the visa is approved, the approval is forwarded to the National Visa Center and then to the U.S. Consulate or Embassy with jurisdiction of the area where the foreign fiancé(e) lives where an interview with the foreign fiancé(e) takes place and additional documents will need to be submitted.
If the foreign fiancé(e) has any children under the age of 21, they can typically be included on the visa to be able to enter the U.S. also.
The petitioner must prove that he/she and the fiancé(e) have a legitimate relationship and are not committing fraud. To do so, proofs such as phone records, text messages, emails, photos, or any other records of communication should be provided. Additionally, USCIS requires that the couple have met each other in person within two years of filing (except for certain circumstances), and that the couple is legally eligible to marry. Some of the proofs to establish eligibility are:
- Latest year of U.S. Income Taxes for the U.S. citizen;
- 2 passport style pictures for both;
- Marriage certificate (if applicable)
- Birth certificates for all (and any children of the fiancée, if applicable);
- Proof of legal status in the U.S. for petitioner (if born in U.S. birth certificate, or U.S. Passport, naturalization certificate);
- Divorce Decrees for both (if applicable);
- List of address/employment for both for the last 5 years & address outside of US;
- Evidence of trips together/proof of your relationship
L.I.H. Law is a trusted immigration law firm with our office conveniently located in Seattle, near the Seattle Space Needle (2nd Ave and Denny Way).
Our well-respected attorneys exclusively practice immigration law, covering diverse topics: asylum, deferred action for childhood arrivals (DACA), detention cases, fiancé visas (K-1 visas), green cards, immigration status for victims of domestic violence or other crimes, naturalization applications, and much more.
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