Petition and Supporting Documents

To be classified as a fiancé or fiancée, the foreign national must be the beneficiary of an approved visa petition filed on Form I-129F. Copies of supporting documents may be accepted if certified by an attorney, but originals must be submitted if requested by the Service.

Requirement That Petitioner and Beneficiary Have Met

The petitioner must demonstrate to the satisfaction of USCIS that they have met the K-1 beneficiary in person within the two years immediately preceding the filing of the petition.

• The director may waive this requirement if meeting in person would cause extreme hardship or violate strict cultural customs (e.g., arranged marriages where meeting is prohibited).
• In such cases, the petitioner must also prove that all other aspects of the traditional arrangement have been or will be met.
• Failure to meet or get a waiver will result in denial of the petition, which can be refiled once the meeting requirement is met.

Children of the Beneficiary

Children of the K-1 beneficiary may accompany or follow to join the beneficiary without needing a separate petition, provided they qualify under the Act.

Notification of Decision

The petitioner will be notified of the decision on the petition. If denied, reasons for denial and appeal rights will be provided.

Validity of Petition Approval

Approval of the petition is valid for four months.

• It may be revalidated for an additional four months if USCIS or a consular officer finds that the petitioner and beneficiary are free to marry and intend to do so within 90 days of the beneficiary’s U.S. entry.
• The petition is automatically terminated if the petitioner dies or withdraws the petition before the beneficiary arrives in the U.S.

Adjustment of Status After Entry

If the marriage occurs within 90 days of the K-1 beneficiary’s entry into the U.S. (with a visa issued on or after November 10, 1986), the beneficiary and any minor children may apply to adjust status to lawful permanent residents. Upon approval, their admission is recorded as lawful permanent residence subject to any conditions prescribed by law.