How to Prepare a Fiancé(e) Visa Petition

Howard K. KurmanPrincipal, Offit│Kurman

A U.S. citizen (petitioner) can file a petition for a K-1 nonimmigrant visa for their fiancé(e) (beneficiary) to enter the United States. You may file this petition if you and your fiancé(e) intend to marry within the 90 days of your fiancé(e)’s admission into the U.S. and have met each other in person within the two years before filing this petition (with some exceptions).  This is a two-part process.  The first part, the I-129F Petition, is done by the U.S. Citizen within the U.S.  The second part, the visa application and visa stamping is done by the foreign national beneficiary in their home country with the relevant U.S. Consulate.

Once the K-1 holder is in the U.S. and the marriage is completed, he or she must file for permanent residence in the United States.  Employment authorization and advance parole (travel authorization) are filed along with the permanent residence application, which is called an adjustment of status application.

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