If a US citizen wants to bring a foreign fiancé to the United States, the first step is to apply for a K-1 visa with the United States Citizenship and Immigration (USCIS). The validity of the K-1 visa is 90 days. If the couple does not marry within 90 days after I-129F is approved, the visa automatically expires.
What happens after USCIS approves form I-129F? Keep reading to find out.
What is Form I-129F? – The Fundamentals
USCIS has specific forms based on different types of visa applications. Form I-129F (Petition for Alien Fiancé(e)) is the form used in two different cases:
- If a US citizen wants to bring a foreign fiancé to the United States to marry him or her (K-1 visa)
- If a US citizen wants to bring a foreign fiancé’s children to the United States (K-2 visa)
- If a US citizen wants to bring a foreign spouse and children to the United States while waiting for approval on Form I-130 (Petition for Alien Relative) and the availability of a family-based visa (K-3- and K-4 visas)
What Happens After I-129F Approval? – Taking a Closer Look
Once USCIS approves Form I-129F (Petition for Alien Fiancé), they will notify the US citizen that the petition was approved. USCIS notifies petitioners by sending Form I-797 (Notice of Action).
After notifying the petitioner, USCIS will forward the petition to the National Visa Center (NVC), which will forward the approved Form I-129F to the US Embassy or Consulate located in the country where the beneficiary lives.
The beneficiary of the visa must file form DS-160 (Online Nonimmigrant Visa Application) and submit the required documentation to US immigration. Once DS-160 is approved, the applicant can schedule a visa interview at the local US Embassy or Consulate.
The US Embassy or Consulate responsible for handling the petition will notify the applicant of the date scheduled for the interview. To attend the consular interview, the applicant must bring a list of specific documents.
During the consular interview, a US immigration officer will determine whether the applicant qualifies for a K visa. If approved, the applicant is granted a valid visa for up to six months for a single entry.
If the applicant is a foreign fiancé seeking to enter the United States to marry a US citizen, the marriage must occur within 90 days of the fiancé’s entry into the country. Foreign nationals under K-1 status must seek admission at a port of entry while the K-1 status is valid.
Please note that the US Customs and Border Protection (CBP) is responsible for determining whether to permit or deny the admission of a foreign fiancé under K-1 status at the port of entry.
After the couple marries, the foreign spouse must file Form I-485 (Application to Register Permanent Residence or Adjust Status) to apply for a two-year conditional green card. Once the two years are gone, the couple must file with USCIS to remove the conditions on the foreign spouse’s residence.
To remove the conditional status of the foreign spouse, the couple must jointly file Form I-751 (Petition to Remove Conditions on Residence) in the 90-day period before the conditional green card expires.
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