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What you should know about visas for fiancé(e)s

On Behalf of | Nov 23, 2023 | Family Immigration |

If your fiancé(e) is from outside the U.S., you can bring them into the country to get married. To do so, you will file a Form I-129F, Petition for Alien Fiancé(e). With this form, you can obtain a K-1 nonimmigrant visa for your fiancé(e), commonly known as a fiancé(e)visa.

Here is what you should know about this visa:

You should meet the requirements

You should be a U.S. citizen to be eligible to bring your fiancé(e) into the country, which begs the question, what if you are a green card holder? Only U.S. citizens are allowed to file Form I-129F. Green card holders are only allowed to bring their spouses. Thus, you and your fiancé(e) may need to get married in another country before inviting them to the U.S. or consider other options.

Additionally, you and your fiancé(e) should intend to marry one another within 90 days of their admission to the U.S. on a fiancé visa. The visa expires after 90 days. If you fail to marry one another within this period, they must leave the country. If they fail to do so, they will be in violation of U.S. immigration law.

Further, you and your fiancé(e) should be legally free to marry one another – any previous marriages should have been legally terminated by divorce, annulment or death. You must also have met in person at least once within the two years before you file your petition.

Can your fiancé(e) work?

If your fiancé(e) is admitted to the U.S. on a K-1 nonimmigrant visa, they can file Form I-765, Application for Employment Authorization, if they wish to work. This work authorization is only valid for 90 days. 

If you want to bring your fiancé(e) to the U.S., you should get legal help to understand the steps to take.    




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