I have become engaged to someone from outside the U.S. How can I bring my fiancé(e) to the U.S.?
The K-1 visa allows you to bring your fiancé(e) to the U.S. to get married. The U.S. citizen and foreign national fiancé(e) must have met personally within the two years before the application is filed. If USCIS approves the application, the approval is sent to the U.S. State Department’s National Visa Center (NVC) for processing. The NVC then sends the approved I-129F to a U.S. consulate in the fiancé(e) ’s home country, where they will be interviewed. If the consulate believes that there is a bona fide relationship between the U.S. citizen and the fiancé(e), then the K-1 visa is granted.
My fiancé(e) and I have broken off our engagement. What happens now?
The K-1 visa was only granted to allow your fiancé(e) to be married to you. Your fiancé(e) will now be required to return home. Your fiancé(e) will begin a period of “unlawful stay” when the K-1 admission period ends. If your fiancé(e) stays in the U.S. for more than six months but less than a year after the K-1 admission period ends, they will not be able to return to the U.S. for three years. If the period is over a year, they will not be able to return for ten years.
My fiancé(e) has entered the U.S. on a K-1 visa. How soon must we get married?
You are required to marry within 90 days of the date of the entry of the K-1 visa holder.
My fiancé(e) and I have married within the required 90 days. What do we do now?
Now that you are married, your fiancé(e) will file to seek an adjustment of their K-1 non-immigrant visa to an immigrant visa, otherwise known as a green card. Your fiancé(e) will file form I-485 Application to Adjust Status with proof of your marriage and your Affidavit of Support.