Many people living in New Jersey have connections to other countries and want to bring foreign family members into the U.S. If you are a U.S. citizen with a foreign fiancé, you may be able to bring your future spouse here with a fiancé visa.
File Form I-129F, Petition for Alien Fiancé
The first step to getting a green card for your fiancé is to file Form I-129F, Petition for Alien Fiancé. The form is your application for a K-1 nonimmigrant visa. You must be the one to fill out the application, since you are petitioning on behalf of your fiancé.
Make sure you both meet the requirements
Before you apply for a fiancé visa, you should be sure that both you and your future spouse meet the requirements. Immigration officials scrutinize applications to weed out applicants who are only applying to get immigration benefits. As long as your marriage is valid and you plan to get married within 90 days of your fiancé’s arrival in the U.S., you should qualify. Here are the other requirements:
- Both you and your spouse are legally permitted to marry each other in the U.S.
- Any past marriages have been legally terminated through divorce, annulment or death.
- You have met your fiancé in person sometime in the last two years.
There are exceptions to the last requirement. If you come from a culture that forbids meeting your fiancé ahead of the marriage, the in-person meeting is not required. There is also an exception to this requirement if meeting your spouse would cause you extreme hardship.
What happens next
After your fiancé is approved for a K-1 nonimmigrant visa, your marriage must take place within 90 days of their arrival in the US. Afterward, your new spouse may apply for permanent residency by submitting Form-I-485, Application to Register Permanent Residence or Adjust Status.
The process of applying for a fiancé visa and a green card can be confusing. You may also want help if your fiancé has children that require K-2 nonimmigrant visas.
