How to emigrate to the USA with partnership and marriage
Living and working in America
Can I emigrate to the United States on a fiancee visa? And if so, how does it work, and what steps have to be taken? Here you will find simple instructions on how your friend in America can apply for a so-called K1 fiancee visa. And how you can start your new life in America with it.
Visa for fiancee of US citizens
Emigrating to the United States : If you are a U.S. citizen wishing to bring your foreign fiance to the United States for marriage, you must submit Form I-129F, Petition For Alien Fiancé (e).
This is the first step in obtaining a K-1 non-immigration visa for your fiance (s). The K-1 non-immigration visa is also known as the fiancee visa.
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In order to obtain a K-1 fiance visa, you and your fiance (s) must intend to marry as a K-1 non-immigrant in the United States within 90 days of your engagement. Your marriage must be valid, meaning that both you and your fiance (s) have a sincere intention to build a life together. Marriage is not just for the purpose of receiving an immigration benefit.
If you marry your fiance (s) as a K-1 non-immigrant within 90 days of entering the United States, he or she can apply for a legal permanent US residence status (a green card).
If you are already married or intend to marry outside of the United States, or if your fiance (s) already legally resides in the United States, your spouse or fiance (s) are not eligible for a fiancee visa.
For more information on how to help your foreign spouse apply for a green card, go to the Bringing Spouses to Live in the United States as Permanent Residents page on the Permanent residents page
Eligibility for fiancee (s) visas
The following should be considered when emigrating to the USA if you are thinking of entering with a K1 visa.
You can take your fiance to the United States on a fiance visa (s) if you meet the following requirements:
You are a US citizen;
- You and your fiance (s) intend to marry a K-1 non-immigration visa within 90 days of your fiance’s entry into the United States;
- You and your fiance (s) are both legally free to marry (this means that you are both legally able to marry in the United States, and all previous marriages have been legally ended through divorce, death, or annulment); and
- You and your fiance (s) met personally at least once within two years before submitting your petition.
You can request that this personal meeting request be waived if you can personally conduct this meeting:
- Violate strict and traditional customs of your fiancé’s foreign culture or social practice; or
- This creates extreme difficulties for you, the US citizen, petitioner.
Process to bring your fiance (s) to the United States
The process of emigrating to the United States with the K1 visa: The procedure to bring your fiance (s) to the United States includes the USCIS, the U.S. State Department (DOS) and U.S. Customs and Border Protection (CBP) , At every stage of the process, background and security checks can be performed for both you and your fiancé (s).
This may include checks in various national security databases, criminal records, and other information about you and your fiance (s). These checks are performed using fingerprints, names, or other biographical or biometric information.
Step 1: petition for fiancee (s) – USCIS
Submit Form I-129F, Petition for Alien Fiancé (e) according to the form instructions . This form prompts USCIS to recognize the relationship between you and your fiance (s).
Form I-129F and the documents you submitted will then be reviewed. We can send you a request for evidence if we need additional documentation or information.
If your eligibility is determined, your Form I-129F and the claimed fiance relationship will be recognized. Otherwise your request will be rejected with a reason.
Approved Form I-129F will be sent to the DOS National Visa Center (NVC).
For more information and instructions on how to file a petition, see Form I-129F.
Step 2: Visa application – DOS
The NVC will forward approved Form I-129F to the U.S. Embassy or Consulate, where your fiance (s) will apply for a K-1 non-immigration visa. This is usually the U.S. Embassy or Consulate where your fiance (s) live.
The U.S. embassy or consulate will notify you when the visa interview is scheduled for your fiance (s). Your fiance (s) apply for the K-1 non-immigration visa and bring the necessary forms and documents to the visa interview.
The DOS consular officer determines whether your fiancé is qualified for the K-1 non-immigration visa. If the consular officer issues the K-1 non-immigration visa, it is valid for a single entry up to 6 months.
If the consular officer does not believe the relationship to be in good faith, DOS will not issue a K-1 non-immigration visa and will instead return Form I-129F to USCIS. When DOS sends a Form I-129F back after it has expired, the status usually remains expired.
However, you can submit a new Form I-129F. You can find more information about applying for a visa on the page “ DOS Nonimmigrant Visa for a Fiancé (e) ”.
Step 3: inspection at a border point – CBP
When DOS issues a K-1 non-immigration visa, your fiance (s) will travel to the United States and apply for a port of entry while the K-1 non-immigration visa is valid.
As with any visa, a K-1 non-immigration visa does not guarantee entry into the United States. A CBP officer in the port of entry makes the final decision as to whether to accept his fiancé (s). Only then did the emigration to the USA take place successfully.
Step 4: marriage
If your fiancé is admitted as a K-1 non-immigrant, you and your fiancé (s) have 90 days to marry.
Step 5: adjusting the status – USCIS
- If you marry within 90 days, your fiance – now your spouse – can apply for a Green Card by submitting Form I-485, adjusting the permanent residence registration or status.
- Form I-485 and the documents submitted by the spouse are again checked. In this case, a request for evidence can also be sent to the spouse if USCIS requires additional documents or information.
- The applicant and spouse must normally appear for an interview.
If you were married for less than two years at the time Form I-485 was approved, USCIS grants your spouse a conditional residence status and issues a green card that is valid for two years.
- Your spouse must remove the conditions at their place of residence by submitting Form I-751, Petition to Remove Housing Conditions within the 90 days prior to the expiry of their green card. For more information on how to apply for a green card, please see Form I-485 and instructions, and go to the Green Cards for Fiancé (e) of US Citizen page.
For more information about removing your spouse’s conditional permanent residence terms, see Form I-751 and the Remove Permanent Marriage Based Conditions page.
Each case is different and the length of the process varies. USCIS processes fiancees in the order in which we receive them. For more information about the current processing times for Form I-129F, see the Review Processing Times page.
Children of fiancee (s) s
If your fiance (s) has a child under the age of 21 and is unmarried, the child may be eligible to travel to the United States on a K-2 non-immigration visa. You must provide the names of your fiance’s children (s) on Form I-129F if you plan to bring them to the United States. The children must continue to be unmarried and under the age of 21 to be admitted to the United States as K-2 non-immigrants. You can travel with your fiance (s) or later, but you cannot travel to the United States (e) before your fiance.
If you and your fiance are married within 90 days of your fiance’s entry into the United States, your fiance’s children who have been admitted as K-2 non-immigrants can also apply for a Green Card by submitting Form I-485 with USCIS. However, K-2 non-immigrant children must remain unmarried to be eligible for a green card. K-2 non-immigrant children should apply for a green card at the same time or after their fiancé (e).
Permission to work
After entering the U.S. on a K-1 non-immigration visa, your fiance (s) can immediately apply for a work permit by submitting Form I-765, Work Permit Application . In this case, your fiance’s work permit is only valid for 90 days after entering the United States
Your fiance (s) can apply for a work permit at the same time as applying for a green card. In this case, your fiance can submit Form I-765 along with Form I-485 . In this case, your fiance’s work permit is valid for one year and can be extended in steps of one year.
Failure to marry within 90 days
K-1 and K-2 non-immigration status expires automatically after 90 days and cannot be extended. In general, your fiancé (s) and children must leave the United States at the end of the 90 days if you are not getting married. If they don’t leave, they are violating the U.S. Immigration Law. This can lead to deportation and could affect their future suitability for US immigration services.
However, if you marry your fiancé (s) after the 90 day period has elapsed, you can submit Form I-130, Petition for Alien Relatives. For more information on how to help your foreign spouse receive a Green Card, see the Bringing Spouses to Live in the United States as Permanent Residents page. In general, your fiance (s) cannot apply for a green card other than your reason for marriage.
When emigrating to the USA with the K1 visa, there is also the forced marriage that is regulated. If you are forced into marriage or are forced to file a petition to bring a fiance (s) to the United States, go to the Forced Marriage page to learn more about the options available to you ,
Report suspected marriages: The United States Immigration and Customs Service (ICE) has an online form to report alleged benefit / adultery or other violations.
Weitere Informationen finden Sie unter:
- INA 101 (a) (15) (K) – Definitionen
- INA 214 (d) – Zulassung von Nicht-Einwanderern
- 8 CFR 214.2 (K) – Ehepartner, Verlobte und Verlobte von US-Bürgern