IMMIGRANT VISAS
Fiancé(e) Visa
A citizen of a foreign country, who would like to
travel to the United States to marry a U. S. citizen and reside in the USA after
the wedding, will have to obtain a
fiancé (K-1) visa.
The U.S. citizen fiancé must file a petition,
Form
I-129F,“Petition for Alien Fiancé(e)”, with the Department of Homeland Security
(DHS) in the United States.
Such petitions may not be accepted or adjudicated abroad. The approved petition will be forwarded to
the immigrant visa unit in Madrid, which will provide the beneficiary (the
non-US citizen fiancé) the necessary forms and instructions to apply for a K
visa. Fiancé visa processing can take several months from filing of the petition
to the final adjudication of the visa.
For information on where you can obtain the form I-129F petition, and how and where to file it,
contact your local DHS office or the DHS web page.
Once the approved petition is received in Spain, the
immigrant visa unit will contact you with instructions on how to apply for a K
visa. The following documents are normally required:
DS-156 DS-157 Valid passport Birth certificate Divorce or death certificate of any previous spouses Police certificate from all places you have lived since age 16.
For information regarding the Spanish Police Certificate, please refer to “Spanish Police Certificate” Two 5cm x 5cm (2" x 2") passport-type photographs on a white background of each
applicant, taken within the past six months. Evidence of support.
Form I-134 and attachments Evidence of relationship with the petitioner Medical examination. The immigrant visa unit will provide you exact
information An original $ 350 (in euros) non-refundable visa
application fee receipt from any branch of
Banco Santander Central Hispano
(BSCH).
Both the US citizen fiancé (petitioner) and the non-US
citizen fiancé (beneficiary) must be legally able and willing to conclude a
valid marriage in the United States. The petitioner and beneficiary normally
must demonstrate that they have previously met in person within the past two
years. As soon as the processing of the case is complete, and the beneficiary
has all necessary documents, an appointment can be scheduled for the consular
officer to interview the fiancé(e). If found eligible, a visa will be issued.
Fiancé visas are valid for one entry in six months.
Applicants may be found ineligible in accordance with
immigrant visa law. For example, if you
have a communicable disease, have committed criminal acts, or you are likely to
become a public charge you will be found
ineligible. The two years foreign
residency requirement for former exchange visitors is also
applicable. If you are found
ineligible, the consular officer will advise you if the law provides for a
waiver.
The marriage must take place within 90 days of your
admission into the United States. Following the marriage, the you must apply to
the Citizenship and Naturalization Service (CIS) to establish your eligibility
for conditional permanent residence status. After two years, you and your spouse
may apply to the CIS for removal of the
conditional status.
The unmarried, minor children of a K-1 beneficiary derive
K-2 nonimmigrant visa status from the parent so long as the children are named
in the petition. Please note that legal permanent residents may not file
petitions for fiancé(e) visas.
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