How to get a fiancé(e) visa for a foreign spouse.

If you are a US citizen planning on marrying your foreign fiancé (e) in the United States, your fiancé (e) would be required to get a visa. Get a K-1 foreign fiancé (e) visa, which will help you get married and then your fiancé (e) can strive for permanent residency.

In order to obtain the K-1 non-immigrant visa, you should file Form I-129F Petition for Alien Fiancé (e) with the U.S. Citizenship and Immigration Services (USCIS) that serves the area you live, on behalf of your fiancé (e). This petition cannot be filed at an embassy, consulate, or U.S. immigration office abroad.

Once the petition is approved, the USCIS moves the petition to the National Visa Center for processing. Then, the petition is sent to the embassy or consulate where your fiancé (e) can apply for a K-1 non-immigrant visa. In order to be considered for the foreign fiancé (e) visa, both of you must be free to marry and must have met each other in person at least once in the past two years.  The marriage must be solemnized within 90 days of the fiancé (e) entering the United States. Your fiancé (e) is considered a nonimmigrant until the marriage. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose.

When applying for the visa, your fiancé (e) should present the following documents:

?    A valid passport
?    Birth certificate
?    Divorce or death certificate of any previous spouse
?    Police certificate from all places lived since age 16
?    I-693 medical examination form
?    Evidence of financial support
?    Two Non-immigrant Visa Applications
?    One Non-immigrant Fiancé (E) Visa Application
?    Two non-immigrant visa photos (50 X 50 mm square)
?    Evidence of a valid relationship with the petitioner
?    Payment of fees

Your fiancé (e) can accrue a few benefits by applying for the K-1 non-immigrant visa. He/she can apply for a work permit by filing Form I-765 and seek employment. If your fiancé (e) has minor children, they are eligible to accompany your fiancé (e) on K-2 visas. Moreover, the K-1 foreign spouse visa has a shorter waiting period when compared to marriage-based immigration visa petition.

In case your petition for a foreign fiancé (e) visa is denied, the denial letter will have all the information on how to appeal. In most cases, you can appeal within 33 days of receiving the denial by mail. Your must file your appeal on USCIS Form I-290B. You must file the appeal with the office that made the original decision. Once your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. Do not send the appeal and fee directly to the AAU. It will delay the fiancé (e) visa process.

After your fiancé (e) has been admitted into the United States, you can apply for a social security number (SSN). After marriage, your spouse should file Form I-485 for Adjustment of Status (AOS), as a step towards attaining a green card.

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