A Guide to the Fiancé Visa

What is a Fiancé Visa?

In order for an individual who is not a citizen of the United States to be legally able to participate in a legally-recognized marriage to a citizen of the United States, a variety of documentation, forms, applications and petitions exist for completion; without the expressed permission of the United States Citizenship and Immigration Services Bureau with regard to legal entry via a fiancé visa, a legal marriage cannot take place – the following forms may be required depending on the nature of the applicable fiancé visa:

Petition for Alien Fiancé (I-129F): This form must be completed in order to determine the Fiancé Visastatusof non-citizen spouses; depending on who is eligible to be a claimant on this form, the Fiancé Visa status(s) of any children resulting from the marriage will and can vary

K-1 Fiancé Visa: A K-1 Fiancé Visa allows a non-citizen spouse of a citizen of the United States to legally remain in the United States for 90 days; in this time, the couple is expected to be married

K-2 Fiancé Visa: A K-2 Fiancé Visa is awarded to unmarried children under the age(s) of 21 produced by the marriage of a citizen of the United States and a non-citizen; children must be claimed on the K-1 Fiancé Visa belonging to the non-citizen in order to be awarded K-2 Fiancé Visas

K-3 Fiancé Visa: A K-3 Fiancé Visa allows for an immigrant to legally remain within the United States on a temporary basis - a K-3 Visa is issued to individuals who are non-citizens, married, and/or above the age of 21

K-4 Fiancé Visa: A K-4 Fiancé Visa is a temporary visa awarded to unmarried children under the age of 21, which provides the same rights as a K-3 Fiancé Visa

I-485 (Adjustment of Status Application): The adjustment of status application form changes the temporary legal status of a non-citizen to legal and permanent residential status

G-325A(Background and Biographic Information): This form must be completed by all individuals petitioning for permanent residence; this form serves as a background check for any non-citizen who wishes to enter the United States – this background check must be completed regardless of the duration of the visit or residence

Expressed Permission Granted by a Fiancé Visa

A K-1 Visa allows a non-citizen spouse 90 days to legally enter the United States in order to be married. Once an application for the adjustment of status is completed,the non-citizen will be able to enjoy legal, permanent residence - this application is a legal declarationrecognizing the marriage between a foreign-born individual without legal residence and an American citizen. However, the following stipulations apply to unmarried children under the ages of 21:

Unmarried children under the age(s) of 21receive a year-long K-2 resident status in the event that they are claimed on the K-1 Visa belonging to the non-citizen spouse(s)

Children who have received K-2 Visas must file for an adjustment of status prior to that year’s end

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