We here at FindLaw get a lot of questions about immigration law and the fiancé visa.
Under U.S. immigration law, there is a nonimmigrant visa classification called a K-1 which is designed for the fiancé of an American citizen that is coming to the United States to marry. First, the American citizen must file Form I-129F, Petition for Relative or fiancé in the place having jurisdiction over petitioner’s residence.
If the I-129F is approved, it will be forwarded by INS to the American consulate where the fiancé visa application will be filed. If the petition is approved, the consulate will notify you and provide the forms and instructions to apply for the K-1 visa, which generally must be done within four months. Also, you must be legally able and willing to marry in the U.S. and have met in person within the past two years, though this requirement may be waived based on long-standing custom or extreme hardship. (This is designed to be a roadblock to mail-order brides.)
Last, but not least, comes the interview.
Related Resources:
- Visa Basics (FindLaw)
- Visas: An Overview (FindLaw)
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