I130 Petition
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Please note: Your fianc‚(e) may enter the United States only one time with a fianc‚(e) visa. If your fianc‚(e) leaves the country before you are married, your fianc‚(e) may not be allowed
back into the United States without a new visa.
U.S. citizens who will be getting married to a foreign national in the United States may petition for a fianc‚(e) classification (K-1) for their fianc‚(e). You and your fianc‚(e) must be free
to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fianc‚(e) in person
within the last two years before filing for the fianc‚(e) visa. This requirement can be waived only if meeting your fianc‚(e) in person would violate long-established customs, or if meeting
your fianc‚(e) would create extreme hardship for you. You and your fianc‚(e) must marry within 90 days of your fianc‚(e) entering the United States.
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I130 Petition
CR1 or K3 Spousal visas may be applied for by submitting the I130 petition for Alien relative to USCIS.
CR-1 or K-3 Visa.
For more information on I130 Petition
visit
I130 Petition
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A foreigner may enter the US on a different type of visa, and then get married. However, the laws on temporary
visitation are clear that the purpose of the visit must be honest. If someone has this intention to marry a US
citizen when they first enter the US as a visitor (e.g. on a tourist or student visa) and then plan to remain
in the US to live and work, they can be denied admission if immigration finds out that they had concealed this
intention at the time of admission. This requires the "tourist" to be quite covert about their intentions,
hiding things like engagement rings, photos of the couple together, and large amounts of personal belongings
that might signify an interest in moving permanently to the US. It is important for the applicant to keep a
clear intention when entering the US on any visa: are they entering to work, to study, to visit as a tourist,
to do missionary work, or to immigrate (which is the only status that seems to include everything). Behavior
that mixes these codified intents is, at best, frowned upon by immigration, and at worst might ultimately result
in denial of visa, entry, adjustment of status, and possible deportation of the foreign national, even after
a couple is legally married. They must maintain good records of their relationship and eligibility and show
the government no cause whatsoever to believe that the fiancé(e) is not eligible for permanent residency.
You may also apply to bring your fianc‚(e)'s unmarried children, who are under age 21, to the United States.
After arriving in the United States, your fianc‚(e) will be eligible to apply for a work permit. (You should note that INS might not be able to process the work permit within the 90-day time
limit for your marriage to take place.) If your fianc‚(e) applies for adjustment to permanent resident status, your fianc‚(e) must re-apply for a new work permit after the marriage.
By law, a fiance(e) petition can only be filed in the United States at an office of the Immigration and Naturalization Service (INS). The petitioner must be a U.S. Citizen.
The fiance(e) petition (Form I-129-F) and two G-325-A biographic information forms. You must fill out completely both the petition and biographic information forms. Your fiance(e) will
be required to present the supporting financial documents at the time of his/her visa interview.
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Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the
interview. Original documents can then be returned to you.
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