If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). You and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S. as a K-1 nonimmigrant.
You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)'s admission to the United States on a K-1 nonimmigrant visa
You and your fiancé(e) are both legally free to marry (any previous marriages have been legally terminated by divorce, death, or annulment)
You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition
Your marriage must be bona fide - not for the sole purpose of obtaining an immigration benefit
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Regulatory Criteria
U.S. Citizen Petitioner Requirement
Only U.S. citizens may file Form I-129F, Petition for Alien Fiancé(e). Lawful permanent residents cannot sponsor a fiancé(e) for a K-1 visa.
Examples
Petitioner must be a U.S. citizen (not a lawful permanent resident)
Petitioner files Form I-129F to initiate the process
If already married, must use Form I-130 spouse petition instead
90-Day Marriage Requirement
You and your fiancé(e) must intend to marry one another within 90 days of your fiancé(e)'s admission to the United States on a K-1 nonimmigrant visa. K-1 and K-2 status automatically expires after 90 days and cannot be extended.
Examples
Must marry within 90 days of K-1 admission
Status expires after 90 days - cannot be extended
Failure to marry within 90 days requires departure from U.S.
If married after 90 days, must file Form I-130 instead
In-Person Meeting Requirement
You and your fiancé(e) must have met each other in person at least once within the 2-year period before you file your petition. You may request a waiver of this requirement.
Examples
Must have met in person within 2 years before filing
Waiver available if meeting would violate strict cultural customs
Waiver available for extreme hardship to U.S. citizen petitioner
Video calls and online communication do not satisfy this requirement
Bona Fide Relationship
Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.
Examples
Both parties must intend to establish a life together
Marriage cannot be solely for immigration benefit
Consular officer evaluates whether relationship is genuine
Evidence of relationship history and genuine intent
Children of Fiancé(e)s (K-2 Visa)
If your fiancé(e) has a child who is under 21 and unmarried, the child may be eligible to come to the United States on a K-2 nonimmigrant visa. You must include the names of your fiancé(e)'s children on the Form I-129F.
Examples
Children must be under 21 and unmarried
Must be included on Form I-129F
May travel with fiancé(e) or later, but not before
K-2 children must remain unmarried for Green Card eligibility
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Application Process
Step 1: Form I-129F
U.S. citizen files Form I-129F, Petition for Alien Fiancé(e) with USCIS to establish the relationship.
USCIS Review
USCIS reviews petition and may request additional evidence. If approved, sends to DOS National Visa Center.
Step 2: NVC Processing
NVC forwards approved petition to U.S. Embassy/Consulate where fiancé(e) will apply for K-1 visa.
Visa Interview
Fiancé(e) attends visa interview at U.S. Embassy/Consulate with required forms and documents.
Step 3: Port of Entry
If visa issued, fiancé(e) travels to U.S. and seeks admission at port of entry within visa validity.
Step 4: Marriage
Must marry within 90 days of admission as K-1 nonimmigrant.
Step 5: Adjustment
After marriage, spouse files Form I-485 for Green Card. If married less than 2 years, receives conditional residence.
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Key Benefits
K-1 visa valid for up to 6 months for single entry
Can apply for work authorization (Form I-765) immediately upon admission
After marriage, spouse can file Form I-485 for Green Card
Children eligible for K-2 visa (under 21 and unmarried)
Path to permanent residence after marriage
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Documents Needed
Form I-129F, Petition for Alien Fiancé(e)
Proof of U.S. citizenship (passport, naturalization certificate, birth certificate)
Proof previous marriages legally terminated (divorce decrees, death certificates)
Evidence of in-person meeting within past 2 years
Photographs of petitioner and beneficiary together
Evidence of ongoing relationship (correspondence, phone records, travel records)
Passport-style photographs
Names and information for any children to be included for K-2 visa
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Frequently Asked Questions
What happens if we don't marry within 90 days?
K-1 and K-2 nonimmigrant status automatically expires after 90 days and cannot be extended. Generally, your fiancé(e) and his or her children must leave the United States at the end of the 90 days if you do not marry. If they do not depart, they will be in violation of U.S. immigration law, which may result in removal (deportation) and affect future eligibility for immigration benefits.
Can my fiancé(e) work in the United States?
After being admitted to the U.S. on a K-1 visa, your fiancé(e) may immediately apply for work authorization by filing Form I-765. This initial work authorization is valid for only 90 days. They may also apply for work authorization when filing Form I-485, which is valid for one year and may be extended.
What if we marry after the 90-day period?
If you marry your fiancé(e) after the 90-day period, you may file a Form I-130, Petition for Alien Relative instead. However, your fiancé(e) may be in violation of immigration law if they remained past 90 days, which could affect their eligibility for adjustment of status.
Can my fiancé(e)'s children come to the U.S.?
Yes. If your fiancé(e) has children who are under 21 and unmarried, they may be eligible for K-2 nonimmigrant visas. You must include their names on Form I-129F. They may travel with your fiancé(e) or later, but not before. After you marry, they may also apply for Green Cards but must remain unmarried.
What is conditional permanent residence?
If you were married for less than 2 years at the time the Form I-485 is approved, USCIS will grant your spouse conditional permanent resident status with a Green Card valid for 2 years. Your spouse must file Form I-751, Petition to Remove Conditions on Residence in the 90 days before the Green Card expires.
Can I request a waiver of the in-person meeting requirement?
Yes. You may request a waiver if meeting in person would violate strict and long-established customs of your fiancé(e)'s foreign culture or social practice, or would result in extreme hardship to you, the U.S. citizen petitioner.
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