You may petition for your fiancé to come to the United States if you intend to get married. This is a nonimmigrant visa that is granted for the sole purpose of bringing the immigrant spouse into the U.S. to get married to the Unites States Citizen. The visa has an authorized stay of only 90 days. The key criteria in these petitions is the bona fide intention of getting married. If the couple is simply considering the option, this is not a petition they should file.
After you get married in U.S., your fiancé may apply for a green card without having to leave the U.S. The requirements are the following:
The petitioner must be a United States Citizen (“USC”), not a Lawful permanent resident.
The couple must be of legal age and have no restrictions to marry.
The couple must have the intention to marry.
The couple must have met in person within the past two years, unless petitioner claims extreme hardship, or that meeting goes against the cultural or religious norms of the couple
Before the immigrant spouse can file for the K-1 Visa, the USC petitioner must file Form I-129F, Petition for Alien Fiancé. Petitioner must disclose to USCIS any history of violent crime. (If you have a history of violent crime, get legal counsel). Accompanying this petition, you must include evidence of a bona fide relationship and of a real intention to marry. Here are examples of evidence supporting the bona fides of the relationship:
Written statements from both members of the couple indicating what the wedding plans are.
Written statements of close family attesting that the couple’s relationship is Bona fide.
Photographs of the couple alone and with friends and family.
Receipts for wedding supplies, such as wedding dress, or contract with wedding vendors.
After the I-129 is granted, your case will be sent to the National Visa Center Office, and they will send it to your local consulate. The consulate will send you a letter with instructions and indicating where the immigrant has to get the medical examination. Once you obtain the medical examination Schedule your consular interview.
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