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U.S. Department of State  
95/08/01 Visas:  Fiance(e) Visas  
Bureau of Consular Affairs  
                           FIANCE(E) VISAS  
The Immigration and Nationality Act provides a nonimmigrant visa  
classification "K-1" for aliens coming to the United States to marry  
American citizens and reside here.  
To establish K-1 visa classification for an alien fiance(e), an American  
citizen must file a petition, Form I-130, Petition for Relative or  
Fiance(e), with the Immigration and Naturalization Service (INS) having  
jurisdiction over the place of the petitioner's residence in the United  
States.  Such petitions may not be adjudicated abroad.  The approved  
petition will be forwarded by INS to the American consular office where  
the alien fiance(e) will apply for his or her visa.  A petition is valid  
for a period of four months from the date of INS action, and may be  
revalidated by the consular officer.  
Applicants who have a communicable disease, or have a dangerous physical  
or mental disorder;  are drug addicts;  have committed serious criminal  
acts, including crimes involving moral turpitude, drug trafficking, and  
prostitution;  are likely to become a public charge;  have used fraud or  
other illegal means to enter the United States;  or are ineligible for  
citizenship, must be refused a visa.  The two-year foreign residency  
requirement for former exchange visitors is also applicable.  If found  
to be ineligible, the consular officer will advise the applicant if the  
law provides for a waiver.  
Upon receipt of an approved petition, the American consular officer will  
notify the beneficiary and give him or her the necessary forms and  
instructions to apply for a "K" visa.  Since a fiance(e) visa applicant  
is an intending immigrant, he or she must meet most of the same  
documentary requirements of an immigrant visa applicant.  In addition to  
the prescribed application forms, the following documents are normally  
--  Valid passport  
--  Birth certificate  
--  Divorce or death certificate of any previous spouse  
--  Police certificate from all places lived since age 16  
--  Medical examination  
--  Evidence of support  
--  Evidence of valid relationship with the petitioner  
--  Photographs  
Both petitioner and beneficiary must be legally able and willing to  
conclude a valid marriage in the United States.  The petitioner and  
beneficiary must have previously met in person within the past two years  
unless the Attorney General waives that requirement.  As soon as the  
processing of a case is completed and the applicant has all necessary  
documents, a consular officer will interview the fiance(e).  If found  
eligible, a visa will be issued, valid for one entry during a period of  
six months.  A non-refundable $20.00 application fee is collected at  
posts which issue machine-readable   
At the port of entry, the alien fiance(e) will receive a stamp in his or  
her passport giving temporary permission to work pending marriage to the  
U.S. citizen.  The marriage must take place within 90 days of admission  
into the United States.  Following the marriage, the alien spouse must  
apply to the INS to establish a record of entry for conditional  
permanent residence status.  After two years, the alien may apply to the  
INS for removal of the conditional status.  
Family Members  
The unmarried, minor children of a K-1 beneficiary derive "K-2"  
nonimmigrant visa status from the parent so long as the children are  
named in the petition.  A separate petition is not required if the  
children accompany or follow the alien fiance(e) within one year from  
the date of issuance of the K-1 visa.  Thereafter, a separate immigrant  
visa petition is required.  
The alien fiance(e) is given temporary permission to work by the INS at  
the port of entry.  
For questions on where to obtain the Form I-130 petition, and how and  
where to file it, contact your local INS office for details. For  
questions on processing the visa application at the American consular  
office overseas, contact that consular office.  
Bureau of Consular Affairs  
Visa Services Directorate  
August  1995


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