If you petition for a fiancé(e) visa, you must show that:
- You are a U.S. citizen.
- You intend to marry within 90 days of your fiancé(e) entering the United States.
- You and your fiancé(e) both have not barriers to becoming married to each other. This means that any previous marriages must have been legally terminated by divorce, death, or annulment.
- You met each other, in person, at least once within 2 years of filing your petition. Two exceptions apply:
1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.
If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be available to him or her. Be sure to include the names of your fiancé(e)’s children on your Form I-129F petition.
Once admitted, if you and your fiancé(e) do marry, your fiancé(e) can apply to adjust status to permanent residence. If you and your fiancé(e) do not marry within the 90 days the fiancé(e) visa cannot be extended and your fiancé(e) should leave the United States.
After admission, fiancé(e) may immediately apply for permission to work, but this will only be valid for 90 days. However, the permission work may be extended while the application for permanent residence is pending.