Fiancés

Getting your fiancé to the U.S.

Getting married is always exciting, but international marriages can be challenging. If you want to be together forever, make sure you know the rules and follow them.

Fiancé, fiancée - what's the difference?
If you are engaged to a man, he is your fiancé. If you are engaged to a woman, she is your fiancée. For simplicity, we use the term fiancé, whether we are talking about a man or a woman.

I'm engaged to a same-sex partner. Does a fiancé visa apply?
No. The U.S. government only considers marriage to be valid for heterosexual couples. But your fiancé might be able to enter the country through another visa.

What is a fiancé visa?
This visa (a K-1) allows you to enter the U.S. to marry your American fiancé and become a permanent resident. You must get married in the U.S. to enter on this visa.

How do you apply?
First, your American fiancé must file a Petition for Alien Fiancé ( Form I-129F ) from within the U.S. This petition cannot be filed through a U.S. embassy or consulate outside the U.S. After the petition is approved, you will apply for a K-1 visa in your home country.

Do I need a fiancé visa attorney?
Details about the International Marriage Broker Regulation Act (IMBRA) of 2005 are on the Petition for Alien Fiancé (Form I-129F) instructions. Whether or not you will need a lawyer will vary with individual circumstances. Unless you met your fiancé through an international marriage broker or have a criminal record, you probably don't need legal advice.

 Can I bring my children?
If you have unmarried children under the age of 21, they can enter the U.S. under your visa. To do this they must:

  • Enter the U.S. with you, or
  • Arrive within a year of your visa being issued

Can I return home before the wedding?
The fiancé visa allows you to enter the U.S. only once. If you leave the U.S. after entering on a fiancé visa but before you are married, you will need a new visa to re-enter.

Are there any other restrictions to the visa?
If you enter the U.S. on a fiancé visa you must:

  • Get married within 90 days of arriving
  • Marry the person who applied for your petition