I am a
U. S. citizen
A2
How do I help my
fiancé(e) become a
U.S. permanent resident?
A U.S. citizen who wishes to marry a non-U.S. citizen or
permanent resident can help their fiancé(e) obtain permanent
residence in different ways.
One way is to apply for a fiancé(e) visa if your fiancé(e) is
overseas and you want to marry in the United States. This visa
lets your fiancé(e) enter the United States for 90 days so that your
marriage ceremony can take place in the United States. Once you
marry, your spouse can apply for permanent residence and remain
in the United States while we process the application. If you choose
this method, file a Form I-129F, Petition for Alien Fiancé(e). Filing
instructions and forms are available on our Web site at www.uscis.
gov. If we approve the I-129F, we will send it to the National Visa
Center, which will process and forward it to the U.S. Embassy or
consulate nearest your fiancé(e)’s foreign place of residence. The
embassy or consulate will then invite him or her to apply for the
actual fiancé(e) visa.
Another way is to marry your fiancé(e) overseas. If you marry
overseas, you can then file a Form I-130, Petition for Alien
Relative, for your new spouse. For more information about the I-130
relative petition for a spouse, please see Customer Guide A1,
I Am
a U.S. Citizen...How Do I...Help My Relative Become a Permanent
Resident of the United States?
If your fiancé(e) is already in the United States in another legal
immigration status and you want to marry in the United States,
please see Customer Guide A1 about filing an I-130 relative petition
after you marry.
What are the basic eligibility requirements for a fiancé(e)
petition?
You must be a U.S. citizen to file a fiancé(e) petition. In your
petition, you must show that:
•YouareaU.S.citizen;
•Youandyourfiancé(e)intendtomarrywithin90daysofyour
fiancé(e)enteringtheUnitedStates;
•Youarebothfreetomarry;and
•Youhavemeteachotherinpersonwithin2yearsbeforeyoufile
this petition. However, there are two exceptions that require a
waiver:
– If the requirement to meet your fiancé(e) in person would
violate strict and long-established customs of your or your
fiancé(e)’sforeigncultureorsocialpractice;or
– If you prove that the requirement to personally meet your
fiancé(e) would result in extreme hardship to you.
If I choose the fiancé(e) visa option, how does my
fiancé(e) obtain permanent resident status?
Your fiancé(e) will need to enter the United States with a fiancé(e)
visa. Once admitted to the United States with a K-1 visa, your
fiancé(e) will be authorized to stay for 90 days during which you
are permitted to marry. As soon as you marry, your spouse may
apply for permanent residence by filing a Form I-485, Application
to Register Permanent Residence or to Adjust Status
,
and mailing
it to:
U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120
My fiancé(e) has a child. May the child come to the
United States with my fiancé(e)?
If the child is under 21 years old and is not married, a K-2 visa
may be available to him or her. Be sure to include the name(s) of
your fiancé(e)’s child(ren) on your I-129F fiancé(e) petition.
Can my fiancé(e) work in the United States while
on a fiancé(e) visa?
After admission, your fiancé(e) may immediately apply for
permission to work by filing Form I-765, Application for
Employment Authorization, with a USCIS Lockbox based on
your place of residence. Any work authorization based on a
nonimmigrant fiancé(e) visa would be valid for only 90 days after
entry. However, your fiancé(e) would also be eligible to apply for
an extended work authorization at the same time as he or she
A2—I am a U.S. citizen…How do I help my fiancé(e) become a U.S. permanent resident?
M-564B (October 2013) N
1
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A2—I am a U.S. citizen…How do I help my fiancé(e) become a U.S. permanent resident?
M-564B (October 2013) N
files for permanent residence. In this case, your fiancé(e) would file
Form I-765 together with Form I-485 as soon as you marry.
What if my fiancé(e) uses a different kind of visa,
or enters as a visitor without visa, to come here so we can
marry?
There could be serious problems for your fiancé(e) if he or she
enters the United States on another visa with the intention of
marrying and residing here. Attempting to obtain a visa or entering
the United States by saying one thing when you intend another
may be considered immigration fraud, for which there are serious
penalties. Those penalties include restricting a person’s ability to
obtain immigration benefits, including permanent residence, as well
as a possible fine of up to $10,000 and imprisonment of up to 5
years.
What if my fiancé(e) is already in the United States in
another status and we decide to marry now?
If your fiancé(e) is in the United States and entered using a visa
other than a fiancé(e) visa, and you marry, then you may file an
I-130 relative petition for him or her as your spouse. He or she
may be able to file Form I-485 along with your petition. For more
information about the I-130 relative petition, please see Customer
Guide A1.
If your fiancé(e) is in the United States and entered unlawfully,
in most cases he or she will not be able to adjust status to that of
a permanent resident while in the United States. In this situation,
once you marry, you may file an I-130 relative petition for him or
her as your spouse. If approved, he or she will have to pursue an
immigrant visa at a U.S. Embassy or consulate overseas.
What if we are engaged but have not yet decided
to marry?
The fiancé(e) visa is a temporary visa that simply permits your
fiancé(e) to enter the United States so that the two of you can
marry in the United States within the 90 days permitted from the
date of entry. It is not a way for you to bring a person here so you
can get to know one another, or spend more time together to decide
whether or not you want to marry.
What happens if we do not marry within 90 days?
Fiancé(e) status automatically expires after 90 days. It cannot be
extended. Your fiancé(e) should leave the United States at the
end of the 90 days if you do not marry. If your fiancé(e) does not
depart, he or she would violate U.S. immigration law. This could
affect future eligibility for U.S. immigration benefits.
We want to make plans for our wedding. How long will
this process take?
Each case is different. Please check our Web site for our current
processing times for the I-129F petition. We process fiancé(e)
petitions in the order we receive them. Once we complete our
processing, your approved petition is then forwarded to the National
Visa Center (NVC). The NVC will then send the petition to the
U.S. Embassy or consulate, which will need time to process your
fiancé(e) for a visa.
Key Information
Key USCIS forms referenced
sin this guide
Form #
Petition for Alien Relative I-130
Petition for Alien Fiancé(e) I-129F
Application to Register Permanent Residence
or to Adjust Status
I-485
Application for Employment Authorization I-765
Other U.S. Government Services–Click or Call
General
Information
www.usa.gov 1-800-333-4636
New
Immigrants
www.welcometoUSA.gov
U.S. Dept.
of State
www.state.gov 1-202-647-6575
For more copies of this guide, or information
about other customer guides, please visit
www.uscis.gov/howdoi.
You can also visit www.uscis.gov to download
forms, e-file some applications, check the
status of an application, and more. It’s a great
place to start!
If you don’t have Internet access at home or
work, try your local library.
If you cannot find what you need, please call
Customer Service at: 1-800-375-5283
Hearing Impaired TDD Customer Service:
1-800-767-1833
Disclaimer: This guide provides basic
information to help you become generally
familiar with our rules and procedures. For
more information, or the law and regulations,
please visit our Web site. Immigration law
can be complex, and it is impossible to
describe every aspect of every process. You
may wish to be represented by a licensed
attorney or by a nonprofit agency accredited
by the Board of Immigration Appeals.
