Family Petitions

Fiance Visa and Residency
Based on Marriage/Family

Should you be engaged or married to a US citizen, you can qualify for an immediate visa and/or green card (residency).
 
Should you be the child of a US Citizen or of a legal resident (green card holder) you can qualify for residency (green card).
 
Should you be the parent or the sibling of a US citizen, you can qualify for residency (green card).
 
See other special categories.

Residency Based on Marriage/Family

You may be eligible to apply as a…  If you are the…
Immediate relative of a U.S. citizen
  • Spouse of a U.S. citizen
  • Unmarried child under the age of 21 of a U.S. citizen
  • Parent of a U.S. citizen who is at least 21 years old
Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories
  • Family member of a U.S. citizen, meaning you are the:
    • Unmarried son or daughter of a U.S. citizen and you are 21 years old or older
    • Married son or daughter of a U.S. citizen
    • Brother or sister of a U.S. citizen who is at least 21 years old
  • Family member of a lawful permanent resident, meaning you are the:
    • Spouse of a lawful permanent resident
    • Unmarried child under the age of 21 of a lawful permanent resident
    • Unmarried son or daughter of a lawful permanent resident 21 years old or older
Fiancé(e) of a U.S. citizen or the fiancé(e)’s child
  • Person admitted to the U.S. as a fiancé(e) of a U.S. citizen (K-1 nonimmigrant)
  • Person admitted to the U.S. as the child of a fiancé(e) of a U.S. citizen (K-2 nonimmigrant)
Widow(er) of a U.S. citizen Widow or widower of a U.S. citizen and you were married to your U.S. citizen spouse at the time your spouse died
 Abused spouse, child, or parent

(VAWA self-petitioner – victim of battery or extreme cruelty)

  • Abused spouse of a U.S. citizen or lawful permanent resident
  • Abused child (unmarried and under 21 years old) of a U.S. citizen or lawful permanent resident
  • Abused parent of a U.S. citizen

Fiancé(e) Visas

Fiancé(e) Visas: for U.S. citizens wishing to bring a foreign national fiancé(e) living abroad to the United States to marry.

If you plan to marry a foreign national outside the United States or your fiancé(e) is already residing legally in the United States, you do not need to file for a fiancé(e) visa. See the “Green Card” page.

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

  • You (the petitioner) 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) are both free to marry and 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. There are two exceptions that require a waiver:
    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.

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application.

Children of Fiancé(e)s

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.

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence.

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

FOR ANY AND ALL ADDITIONAL INFORMATION AND/OR ADDITIONAL POSSIBLE VISAS, PLEASE VISIT: WWW.USCIS.GOV