April 29th, 2013 by Abby Keane
The Fiance visa was especially created to allow a U.S. citizen and a foreign fiancé to get married in the United States.
The Forms to file for the Fiance Visa is Form I-129F, Form DS-156, Form I-156K and Form DS-230. If approved, the fiancé will receive a K-1 visa. Once the K-1 visa is issued, there’s only a 90 day window to get married.
There are two basic requirements to filing Form I-129. First, both the U.S. citizen and the fiancé must be single and free to legally marry one another. Since the marriage will take place in the U.S., the laws of the U.S. state will apply. The other basic requirement is that the foreign fiancé and the U.S. citizen must have met in person in the past two years. However, the USCIS could exempt this requirement based on proven extreme hardship.
After confirming that both those requirements are met, the U.S. citizen can move on to the first step of the process: Filing the actual petition.
The U.S. citizen must do this since it is he or she who is sponsoring the fiancé. Form I-129F cannot be filed from outside the United States. If the USCIS approves the petition, it will be sent to the National Visa Center for processing. The National Visa Center will then send it to the U.S. Embassy or Consulate closest to the fiancé. It is there that the fiancé will apply for the visa.
Form DS-156, Form I-156K and Form DS-230
The foreign fiancé will receive instructions for the visa interview. The instructions will include the list of required forms on the fiancé’s part. They are the following:
- Two visa applications prepared as duplicates. This is Form DS-156.
- One fiancé visa application. This is Form DS-156K
- One immigrant visa and alien registration application. This is Form DS-230.
The required documents that must be presented at the time of the visa interview are the following:
- Valid passport
- Divorce or death certificates from previous spouses, if applicable
- Police Certificates
- Medical Examination
- Proof of financial support while in the U.S.
- Two 2 in. x 2 in. photographs, passport-style
- Proof of relationship with U.S. citizen fiancé.
When the visa is approved, the fiancé will receive his or her passport with the issued K-1 visa inside. The fiancé will also receive a sealed packet filled with documents that the U.S. Embassy or Consulate has put together. This packet should not be opened under any circumstance. It is to be handed to the Department of Homeland Security Official when entering the U.S.