PETITION FOR ALIEN FIANCÉ(E) APPLICATION PROCESS OVERVIEW

STEP ONE

⚖️ ELIGIBILITY CRITERIA

To file this form, you must meet a specific set of criteria:

➡️ First of all, you must be a U.S. citizen;

➡️ If you are filing for your fiancé(e) you must show proof that both of you are free to  be legally married and that you intend to marry within 90 days after he or she is lawfully admitted into the United States;

➡️ You must also show proof that you have met in person within two years immediately prior to seeking permission for your fiancé(e) to come here  in order to marry you and apply for permanent residence;

Or

➡️ Prove that such a meeting never happened because of the extreme hardship it would entail or because it would have been a serious breach of the customs in his or her country.

📑SUPPORTING DOCUMENTS 

  Proof of meeting fiancé in person:

• Color photographs of you and your fiancé(e) together. Don’t forget to write your name, date, and location on the back of each one. Provide at least two but no more than five photographs. If you only have one copy of the photo, make a color copy to send with the petition.  If it is a digital photo, have it professionally printed (if at all possible) or on a high-quality printer. Put the photographs in a plastic bag or on a photo sheet and label the sheet. Note that original photographs may not be returned.
• Copies of plane tickets and boarding passes.
• Any additional material that helps prove the two of you have met in person, within the past two years.

  Proof of intent to get married:

• Two to four copies of any or all of the following items from different times in your relationship. Copies of bills associated with your telephone conversations, relevant correspondence along with proof of when it was sent,  and other applicable written material, bills associated with wedding planning or your engagement. You may also submit any additional material that helps prove the two of you intend to get married.

  Proof of U.S. Citizenship:

• A copy of the front and back of the U.S. citizen’s birth certificate; or a copy of ALL pages of the U.S. citizen’s passport as long as it is valid for at least five years; or a copy of the US Citizen’s naturalization certificate (front and back); or a copy of his or her certificate of citizenship (front and back).

  A copy of Form FS-20, or if the U.S. citizen petitioner or fiancé beneficiary was previously married:

• A copy of final divorce decree(s) or certificate(s) for the US Citizen, and/or foreign fiance if either has been previously married.
• A copy of the death certificate if the U.S. citizen’s and/or the foreign fiancé’s previous marriage ended due to the death of a spouse.

  If the U.S. citizen petitioner or fiancé(e) beneficiary’s name has changed:

•  Attach a document to the petition that contains the prior name. You must also attach copies of the legal documents in which the name changed, such as a marriage certificate, adoption decree or court order.

  If the U.S. citizen petitioner has a criminal record:

• If the U.S. citizen petitioner has prior convictions for or related to certain violent crimes he or she must submit certified copies of all court and police records showing the charges and dispositions for any specified conviction(s).

  The petitioner must seek a waiver from USCIS if the U.S. citizen petitioner has filed two or more K1 fiancé(e) visa petitions in the past for other fiancés, or he or she had a previous K1 fiancé visa petition approved within the past two years.

STEP TWO

STEP THREE

💡AFTER YOU RECEIVE A K-1 FIANCÉ(E) VISA:

If you are approved for a K-1 visa, the Consular Officer will give you your passport containing the K-1 visa and a sealed packet that contains the documents you provided, in addition to some others prepared by the U.S. Embassy or Consulate. It is crucial that you do not open this packet.  The only person authorized to do so is the DHS immigration official upon your arrival in the United States.

As the K-1 visa holder, you must enter the United States either prior to or with o any qualifying children holding K-2 visas.

This visa allows you to apply for a single admission at a U.S. port-of-entry as long as the visa is valid, which at most will be six months after the date of issuance. You must marry your U.S. citizen fiancé(e) within 90 days of entering the United States.

Contact Attorney Igor Litvak