If you are a New Jersey resident and U.S. citizen who plans to marry someone who lives abroad, you can apply for a K-1 nonimmigrant visa. This visa, which is often called the fiancé visa, will allow you to bring your foreign fiancé or fiancée to the United States. To obtain a K-1 nonimmigrant visa, you should complete and submit a Form I-129F. However, you should only file this form if your wedding plans are already set. This is because a K-1 nonimmigrant visa is only valid for 90 days and cannot be renewed. If your fiancé or fiancée overstays the visa, they will be in violation of U.S. immigration law and could be deported.
The marriage must be valid
U.S. Citizenship and Immigration Services issues K-1 nonimmigrant visas when the petitioner and foreign fiancé or fiancée genuinely intend to marry and enjoy life together. Before your petition is approved, immigration officials may ask to see evidence to prove that you are getting married for legitimate reasons and not to provide your fiancé or fiancée with an immigration benefit.
Permanent residence
If you marry your foreign fiancé or fiancée during the 90 days when his or her K-1 nonimmigrant visa is valid, he or she may apply to become a legal permanent resident of the United States. To begin the process, you should complete and submit a Petition for Alien Relative, which is a Form I-130. This is also the form you should file if you are already married, plan to marry in a foreign country or your foreign fiancé or fiancée is already living in the United States. The K-1 nonimmigrant visa is a family immigration visa, and it will not authorize your foreign fiancé or fiancée to work in the United States. If you want to obtain work authorization for your foreign fiancé or fiancée, you should submit a Form I-765.
A special visa for a special day
The K-1 nonimmigrant visa allows U.S. citizens to bring foreign fiancés or fiancées to the United States. It is a special visa for a special day. This visa is valid for 90 days, and it is only issued when the petitioner and foreign fiancé or fiancée are marrying for legitimate reasons.
