The K-1 Fiancee Visa

U.S. citizens who will be getting married to a foreign national in the United States may petition for their fiancee to come to the U.S. on a Fiancee Visa. The U.S. Citizen may also apply to bring his/her fiancee's unmarried children, who are under age 21, to the United States on a K-2 visa.

• Both must be free to marry (unmarried and previous marriages ended through divorce, annulment or death)
• Must have met in person (face to face) within the last two years before filing for the visa.
• The marriage must take place within 90 days of the fianceeÕs arrival in the U.S.

Once your fiancee arrives in the U.S. and the marriage has occurred within 90 days, the foreign national may file for his/her adjustment of status application to permanent resident as well as work and travel authorization while his/her "green card" application is pending.

The K-1 Fiancee Visa is only good for a one time entry into the U.S. and foreign travel should not be considered until the fiancee obtains travel authorization or his/her "green card" from USCIS. Otherwise, your fiancee will require a new visa to enter.

NOTE: If you do not marry within the 90 days, your fiancee will be out of status. However, if you still intent to marry, your fiancee cannot leave the country because he/she will not be allowed to come back without a new visa.

In such a case, the U.S. Citizen will have to file an Immigrant Petition and an Adjustment of Status Petition for his/her fiancee after the marriage takes place.