Your Fiance is not
a citizen of the USA
If your fiance is not a citizen of the
USA and you plan to get married in the United States,
then you must file a petition with USCIS on behalf of your fiance.
After the petition is approved, your fiance must obtain
a visa issued at a U.S. Embassy or consulate abroad. The marriage
must take place within 90 days of your fiance entering the
United States. If the marriage does not take place within 90 days
or your fiance
marries someone other than you (the U.S. citizen filing USCIS Form
I-129F - Petition for Alien fiance), your fiance
will be required to leave the United States. Until the marriage
takes place, your fiance is considered a nonimmigrant.
A nonimmigrant is a foreign national seeking to temporarily enter
the USA for a specific purpose. A fiance may
not obtain an extension of the 90-day original nonimmigrant admission.
How much does it cost to get help with filing for a K1
Fiance Visa?
If your fiance intends to live and work permanently in
the United States, your fiance/fiance should apply to become
a permanent resident after your marriage. (If your fiance
does not intend to become a permanent resident after your marriage,
your fiance/new spouse must leave the country within
the 90-day original nonimmigrant admission.)
For more information,
please see How
Do I Become a Legal Permanent Resident While in the United States?.
Please note, your fiance will initially receive conditional permanent
residence status for two years. Conditional permanent residency
is granted when the marriage creating the relationship is less
than two years old at the time of adjustment to permanent residence
status. For more information, please see How
Do I Remove the Conditions on Permanent Residence Based on Marriage?.
Your fiance may enter the United
States only one time with a fiance visa. If your fiance
leaves the country before you are married, your fiance
may not be allowed back into the United States without a new visa.
For an excellent overview of immigration issues, please see the
chapters and tables on temporary admissions and immigrants in the Immigration
Statistical Yearbook.
How Can I Get a Travel Document?
If you are not a U.S. citizen, you may need permission
to return to the United States after traveling abroad. This permission is
granted through a travel document. Travel documents are also given
to people who want to travel, but cannot get a passport from their
country of nationality.
The alien must file USCIS Form I-131, Application for a Travel
Document, complete with supporting documentation, photos and
applicable fees. This form can be downloaded from our Forms
and Fees page. See the application for specific filing instructions.
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