FIANCÉ(E) K-1 PETITION

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.

Under U.S. immigration law, a foreign-citizen fiancé(e) of a U.S. citizen is the recipient of an approved Petition for Alien Fiancé(e), Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé(e). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.

You may file this petition if you are a U.S. citizen and:

1. You and your fiancé(e):

Have met each other in person within the two years immediately before you filed this petition, unless you establish that either:

(1) The requirement to meet your fiancé(e) in person would violate strict and long-established customs of your

fiancé(e)’s foreign culture or social practice, and that any and all aspects of the traditional arrangements have

been or will be met in accordance with the custom or practice; or

(2) The requirement to meet your fiancé(e) in person would result in extreme hardship to you; or

2. A. Are legally free to marry and intend to marry within 90 days of your fiancé(e)’s admission to the United States;

and

B. You have filed or are filing Form I-130 on behalf of your spouse and wish to have your spouse enter as a

nonimmigrant to await the immediate availability of an immigrant visa and to file for adjustment of status.

NOTE: If you have children with your beneficiary, they might have acquired U.S. citizenship through you. Check the

U.S. Department of State (DOS) website at http://travel.state.gov for more information.

Use this petition to classify:

1. Your alien fiancé(e) as a K-1 nonimmigrant so that he or she may enter the United States to marry you and pursue

adjustment of status to lawful permanent resident; or

2. Your alien spouse as a K-3 nonimmigrant, so that he or she may enter the United States to await the availability of an

immigrant visa and pursue adjustment of status to lawful permanent resident.

NOTE: A child (unmarried and under 21 years of age) of a K-1 or K-3 nonimmigrant may apply for a nonimmigrant

visa to accompany or follow-to-join the K-1 or K-3 parent. You do not need to file a separate petition to classify the child

as a K nonimmigrant. Children of K-1s are classified as K-2 nonimmigrants, and children of K-3s are classified as K-4

nonimmigrants.

NOTE: A K-4 nonimmigrant is only eligible to adjust to lawful permanent resident status if he or she is under 18 years

of age when you and the K-3 parent marry and you file Form I-130, Petition for Alien Relative, on the K-4’s behalf before

the K-4 reaches 21 years of age.

Once U.S. Citizenship and Immigration Services (USCIS) receives your Form I-129F, the agency processes the application. USCIS will then send you:

• A confirmation receipt notice of your petition
• A notice of a biometrics appointment date, if needed
• An interview appointment date may be scheduled
• A written notice or decision.

Normally, when the USCIS approves the petition, the agency sends it to the U.S. Department of State’s National Visa Center (NVC). The NVC notifies both you and your fiancé(e) of the invitation to apply for a nonimmigrant visa. The invitation extends to qualifying dependents as well.

When the time comes for the relative to immigrate, the petitioner must agree to be his or her financial sponsor by filing Form I-134, Affidavit of Support. The form states your commitment of financial support to your immigrating fiancé(e).