If you are a United States citizen who wishes to bring your foreign fiancé(e) to the United States to build your life together, it’s important that you go about it the right way. There is a legal process in place which falls under the purview of the United States Citizenship and Immigration Services. Understanding how to navigate this legal process is the first step in getting legal permission for your foreign-born fiancé(e) to join you in the United States.
Are you eligible to apply?
Before we get into the process of bringing your fiancé(e) to the United States, it’s important to understand whether or not you are eligible to apply for the K-1 fiancé visa. In order to be eligible for a K-1 visa application, you must be a United States citizen, you and your fiancé(e) must intend to marry one another within 90 days of his or her arrival in the U.S., and you both must be legally allowed to marry, meaning that any previous marriage has been terminated. Finally, you and your fiancé(e) must have met at least once within the previous two years unless you can prove that there were extenuating circumstances that prevented that possibility.
Since the process involves several agencies, there are some forms that must be filled out in order to make immigration legal. Those forms include the following:
• Form I-129F: This form asks the USCIS to recognize your relationship with your fiancé.
• K-1 Visa Application: This form is filled out by your fiancé(e) and is required for obtaining a nonimmigrant visa
• Form I-485: This form is submitted after you’re married and is required for your spouse to receive conditional permanent residency.
• Form I-751: Finally, this form must be filed by your spouse within 90 days of his or her visa expiring and removes the conditions of their residency.