Law Office of David Saffold, LLC secures K-1 Fiancée visas and K-3 visas for Alien Spouses.
U.S. Citizens may bring their fiancé(e)s to the U.S. to marry. The marriage must take place within 30 days after the fiancé(e) enters the U.S. After the marriage occurs, they may then apply to adjust to immigrant status. The couple must have had a personal meeting within the past two years.
Spouses of U.S. citizens may also obtain nonimmigrant status while they wait for the immigrant petition to be processed. The spouse may apply for a work permit to engage in employment during the wait. The spouse may also travel abroad. The visa must be applied for and issued in the country where the marriage took place.
This page provides information for U.S. citizens wishing to bring a foreign national fiancé(e) living abroad to the United States to marry.
If you plan to marry a foreign national outside the United States or your fiancé(e) is already residing legally in the United States, you do not need to file for a fiancé(e) visa. See the “Green Card” link to the right.
Eligibility Requirements
If you petition for a fiancé(e) visa, you must show that:
- You are a U.S. citizen.
- You intend to marry within 90 days of your fiancé(e) entering the United States.
- You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
- You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.
After the Fiancé(e) Visa is Issued
Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application.
Children of Fiancé(e)s
If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be available to him or her.
Permission to Work
After admission, your fiancé(e) may immediately apply for permission to work. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence after getting married.
What happens if we do not marry within 90 days?
Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.
We want to make plans for our wedding. How long will this process take?
Each case is different, please check the current processing times for the I-129F petition, see “Check Processing Times” page. We process fiancé(e) petitions in the order we receive them. Once we complete our processing, your approved petition is then forwarded to the National Visa Center (NVC). The NVC will then send the petition to the U.S. Embassy or consulate, which will need time to process your fiancé(e) for a visa.
Law Office of David Saffold, LLC is in the business of helping individuals and businesses profit from the rich opportunities that America has to offer. We may very well be able to help you too. Contact us today to make an appointment to discuss the possible opportunities open to you, your enterprises, your employees and/or your family.
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