U.S. citizens who travel abroad sometimes meet a person who is a potential lifetime partner. The natural instinct in most such cases is to move both parties to the United States and seek a visa or other document that will permit the foreign-born person to remain in the country more or less permanently.
Understanding the legal process can help both parties meet the requirements for such immigrants and speed up the process of achieving joint residency in the United States.
The American citizen who desires to bring a foreign-born person to the United States for a potential marriage must file a Form I-129F. This form, known informally as a fiancé visa, serves as a request for issuance of a visa to the foreign-born person for the specific person of marrying the American who has filed the form.
Requirements for approval
Both parties must be unmarried at the time that Form 129F is filed and must be legally able to marry in the United States. This requirement means that all prior marriages have be terminated by death, divorce or annulment. Both parties must state that they will marry each other within 90 days of entering the United States as a K-1 non-immigrant. The stated intent to marry must be bona fide, that is, the parties cannot state an intent to marry for the sole purpose of obtaining an immigration benefit. The parties must state under oath that they have met each other in person at least once in the two-year period prior to filing the petition.
Form 129F asks the Customs and Immigration Service to recognize the relationship between the petitioner and the foreign-born fiancé. If the USCIS approves the form, it is forwarded to to the Department of State National Visa Center for further processing. If the NVC approves the form, the form is sent to the U.S. Embassy or consulate where the fiancé lives. The fiancé must then file an application for a K-1 non-immigrant visa.
If the consular officer to whom the case has been assigned finds the statements in the Form 129F to be true, a K-1 visa will be issued to the fiancé and he or she can enter the United States subject to the terms underlying the Form 129F. If the officer finds that the relationship is not valid, the request for the K-1 visa will be denied.
For anyone reading this blog who may be wondering about same-sex couples, the regulations and procedures are identical to the regulations and procedures for heterosexual couples. As may be inferred from the foregoing discussion, the process for bringing a foreign-born fiancé to the United States can quickly become entangled in factual or legal disputes that may require legal expertise to resolve.
