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Jolanta A. Zinevich, LLC
Attorney at Law
Fiancé (K1) visas permits a foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident.
STEP 1: US Citizen fiancé(e) files Form I-129F, Petition for Alien Fiancé(e), with USCIS.
A US Citizen may file the Form 129 F IF:
STEP 2: When the I-129F is approved you will receive a Case Number. The Petition will be sent to the U.S. Embassy or Consulate where your fiancé(e) lives. You will be notified once such is done.
STEP 3: Non US fiancé(e) must fill out Visa Application, pay the application fee and prepare for the interview. Non US fiancé(e) will complete Form DS-160 Online Nonimmigrant Visa Application (make sure to print it out once competed).
You will also need:
A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions).
Divorce or death certificate(s) of any previous spouse(s) for both you and the U.S. citizen sponsor
Police certificates from your present country of residence and all countries where you have lived for six months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)
Evidence of financial support (Form I-134, Affidavit of Support, may be requested)
Two (2) 2x2 photographs.
Evidence of relationship with your U.S. citizen fiancé(e)
Payment of fees.
You may be asked for additional information, such as photographs and other proof that the relationship with your U.S. citizen fiancé(e) is genuine.
Check the U.S. Embassy/Consulate-Specific Instructions
K-3 NONIMMIGRANT VISAS
Allows an alien spouse of a U.S. citizen to be admitted to the United States as nonimmigrants while they are awaiting the adjudication of a Form I-130 Petition for Alien Relative. It also allows them to obtain employment authorization while they are waiting.
To be eligible for a K-3 nonimmigrant visa, an individual must:
· Be married to a U.S. citizen
· Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf
STEP 1: US Citizen files Form I-130 Petition for Alien Relative on behalf of his/her non-citizen spouse.
STEP 2: US Citizen will receive a Form I-797, Notice of Action, indicating that USCIS has received the Form I-130.
STEP 3: US Citizen files Form I-129F Petition for Alien Fiancé(e). Include a copy of the I-797, Notice of Action, indicating that USCIS has received the Form I-130, on behalf of your non-citizen spouse.
STEP 4: When the I-129F is approved the Non US fiancé(e) will complete Form DS-160 Online Nonimmigrant Visa Application (make sure to print it out once competed).
Benefits: Once in the US:
1. Can apply to Adjust Status to a Permanent Resident at any time
2. Can apply for Employment Authorization Form I-765, Application for
Employment Authorization and work legally
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