Fiancé's Family At Us Wedding: Who Can Attend?

If you are a US citizen with a foreign fiancé(e) and want to bring their family to the US for your wedding, you will need to file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). The K-1 nonimmigrant visa is also known as a fiancé(e) visa. To obtain this visa, you and your fiancé(e) must intend to marry within 90 days of your fiancé(e) entering the US as a K-1 nonimmigrant. If your fiancé(e) has a child who is under 21 and unmarried, the child may be eligible to come to the US on a K-2 nonimmigrant visa. You must include the names of your fiancé(e)'s children on the Form I-129F if you wish to bring them to the US.

K-1 nonimmigrant visa for the fiancé(e)

The K-1 nonimmigrant visa, also known as the fiancé(e) visa, is a visa for the foreign-citizen fiancé(e) of a US citizen. It allows the fiancé(e) to travel to the US and marry their US citizen sponsor within 90 days of arrival. The visa is valid for a single entry and up to 6 months.

To obtain a K-1 visa, the following steps must be taken:

• The US citizen sponsor must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS office that serves the area where they live. This form asks USCIS to recognize the relationship between the US citizen and their fiancé(e).
• After USCIS approves the petition, it is sent to the National Visa Center (NVC), which will give the petitioner a case number and send the petition to the US Embassy or Consulate where the fiancé(e) lives.
• The NVC will mail a letter to the petitioner when it sends the fiancé(e)'s case to the US Embassy or Consulate. Once this letter is received, the petitioner should inform their fiancé(e) to take the below-listed actions to apply for a K-1 visa and prepare for the interview.
• The fiancé(e) must attend a visa interview at the US Embassy or Consulate and bring the required forms and documents, including:

• Completed Form DS-160, Online Nonimmigrant Visa Application
• A passport valid for travel to the US
• Divorce or death certificates of any previous spouse(s) for both the US citizen sponsor and the fiancé(e)
• Police certificates from the fiancé(e)'s present country of residence and all countries where they have lived for six months or more since the age of 16
• The results of a medical examination
• Evidence of financial support (Form I-134, Affidavit of Support, may be requested)
• Two 2x2 photographs
• Evidence of the relationship with the US citizen fiancé(e)
• Payment of fees

• If the consular officer grants the K-1 nonimmigrant visa, the fiancé(e) travels to the US and seeks admission at a port of entry while the K-1 nonimmigrant visa is valid.
• Once in the US, the couple must marry within 90 days.

It is important to note that the K-1 visa does not guarantee admission to the US, and a CBP officer at the port of entry will make the ultimate decision about whether to admit the fiancé(e). Additionally, the K-1 visa cannot be extended and automatically expires after 90 days. If the couple does not marry within this time frame, the fiancé(e) must leave the US, or they will be in violation of US immigration law.

The K-1 visa costs $675, and the cost of a green card after marriage is up to $3005. To sponsor a K-1 visa, the US citizen sponsor's income must meet or exceed 100% of the Federal Poverty Guidelines. This means that for a household of two people (the US citizen and their fiancé(e)), the sponsor needs to make at least $20,440.

Form I-129F, Petition for Alien Fiancé(e)

If you are a US citizen and want to bring your non-US citizen fiancé(e) to the United States to get married, you will need to file a Form I-129F, Petition for Alien Fiancé(e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). The K-1 nonimmigrant visa is also known as a fiancé(e) visa.

To obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the US as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.

If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, they may apply for lawful permanent resident status in the United States (a Green Card).

You may be eligible to bring your fiancé(e) to the United States on a fiancé(e) visa if you meet the following requirements:

• You are a US citizen
• You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)'s admission to the United States on a K-1 nonimmigrant visa
• You and your fiancé(e) are both legally free to marry (this means you are both legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment)
• You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition. You may request a waiver of this in-person meeting requirement if you can show that meeting in person would violate strict and long-established customs of your fiancé(e)'s foreign culture or social practice, or result in extreme hardship to you, the US citizen petitioner.

The process for bringing your fiancé(e) to the United States involves USCIS, the US Department of State (DOS), and US Customs and Border Protection (CBP). At each stage in the process, background and security checks may be conducted on both you and your fiancé(e). This may include checks in various databases for national security, criminal history, and other information about you and your fiancé(e). These checks are conducted using fingerprints, names, or other biographic or biometric information.

• Petition for Fiancé(e) – USCIS: You file Form I-129F, Petition for Alien Fiancé(e) according to the form instructions. This form asks USCIS to recognize the relationship between you and your fiancé(e). USCIS will review your Form I-129F and the documents you submitted. They may mail you a request for evidence if they need additional documentation or information. If you establish your eligibility, they will approve your Form I-129F and recognize the claimed fiancé(e) relationship. Otherwise, they will deny your form and notify you of the reasons for denial. They will send the approved Form I-129F to the DOS National Visa Center (NVC).
• Visa Application – DOS: The NVC forwards the approved Form I-129F to the US Embassy or consulate where your fiancé(e) will apply for a K-1 nonimmigrant visa. This is generally the US Embassy or consulate where your fiancé(e) lives. The US Embassy or consulate notifies you when the visa interview for your fiancé(e) is scheduled. Your fiancé(e) applies for the K-1 nonimmigrant visa and brings the required forms and documents to the visa interview. The DOS consular officer determines whether your fiancé(e) qualifies for the K-1 nonimmigrant visa. If the consular officer grants the K-1 nonimmigrant visa, it is valid for up to 6 months for a single entry. If the consular officer does not find the relationship to be bona fide, DOS will not issue a K-1 nonimmigrant visa and instead will return the Form I-129F to USCIS.
• Inspection at a Port of Entry – CBP: If DOS issues a K-1 nonimmigrant visa, your fiancé(e) travels to the United States and seeks admission at a port of entry while the K-1 nonimmigrant visa is valid. As with any visa, a K-1 nonimmigrant visa does not guarantee admission to the United States. A CBP officer at the port of entry will make the ultimate decision about whether to admit your fiancé(e). If your fiancé(e) is admitted as a K-1 nonimmigrant, you and your fiancé(e) have 90 days to marry each other.
• Adjustment of Status – USCIS: If you marry within 90 days, your fiancé(e)—now your spouse—may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. USCIS will review Form I-485 and the documents your spouse submitted. They may mail a request for evidence to your spouse if they need additional documentation or information. You and your spouse will usually be required to appear for an interview. If you were married for less than two years at the time the Form I-485 is approved, USCIS will grant your spouse conditional permanent resident status and issue a Green Card valid for 2 years. Your spouse will need to remove the conditions on their residence by filing Form I-751, Petition to Remove Conditions on Residence in the 90 days before their Green Card expires.

Marriage-based green card

If your fiancé(e) is a foreign national, they will need to obtain a K-1 non-immigrant visa to enter the US and marry you. This visa is also known as a fiancé(e) visa. To obtain this visa, you will need to file a Form I-129F, Petition For Alien Fiancé(e). You and your fiancé(e) must intend to marry within 90 days of them entering the US, and your marriage must be valid, meaning you have a bona fide intent to establish a life together.

Once you are married, your spouse can apply for a marriage-based green card. This is an immigrant visa available to spouses of US citizens and permanent residents. To qualify, your marriage must be legally valid and officially recognised in the country or region where it took place. You will need to provide a marriage certificate, as well as evidence that any prior marriages have been legally terminated. Your marriage must be based on a genuine, bona fide relationship and not entered into for immigration benefits. Same-sex marriages are treated the same as opposite-sex marriages under US immigration law.

As the spouse of a US citizen, your fiancé(e) is considered an immediate relative and can become a lawful permanent resident. To be eligible, they must be:

• Inspected and admitted or inspected and paroled by an immigration officer
• Eligible to receive an immigrant visa
• Physically present in the US at the time of filing
• Able to prove that an immigrant visa is immediately available to them
• Eligible to receive a visa, with no applicable bars to adjustment
• Admissible to the US for lawful permanent residence

To apply for a marriage-based green card, the US citizen spouse will need to sign the following forms:

• I-130, Petition for an Alien Relative
• I-864, Affidavit of Support

The foreign spouse will need to sign the following forms:

• I-130A, Supplemental Information for Spouse Beneficiary
• I-485, Application to Adjust Status (for applicants inside the US) or DS-260, Application for an Immigrant Visa (for applicants outside the US)
• I-765, Application for Employment Authorisation
• I-131, Application for Travel Document

It is important to note that if your fiancé(e) marries you within 90 days of being admitted to the US on a K-1 non-immigrant visa, they may apply for lawful permanent resident status (a Green Card). However, if you have already married or plan to marry outside the US, your spouse or fiancé(e) is not eligible for a fiancé(e) visa.

Tourist visa

If your fiancé is a US citizen or green card holder, their family can come to the US for the wedding on a tourist visa. However, it's important to note that the US government wants to ensure that visitors to the country on a temporary visa do not intend to stay permanently. Therefore, your fiancé's family may face questions from US Citizenship and Immigration Services (USCIS) officials or Customs and Border Protection (CBP) officials about their future plans and ties to their home country.

Before Applying for a Tourist Visa:

• If your fiancé has already filed an I-129F petition on your behalf, it is advisable to wait until your K-1 visa is approved before travelling to the US. The I-129F petition provides evidence of your intent to remain permanently in the US, which contradicts the purpose of a temporary visa. Applying for a temporary visa in this case may lead to scrutiny and potential denial by USCIS or CBP officials.
• If your fiancé has not yet filed the I-129F petition, their family should not encounter any issues when applying for a tourist visa. However, it is crucial to answer truthfully if asked about their relationship with a US citizen or their travel intentions. Misrepresenting their situation could create complications for future visa applications.

During the Tourist Visa Application Process:

• Your fiancé's family should be prepared to demonstrate strong ties to their home country and their intention to return. This can include providing evidence of continuing employment, education, lease agreements, residential documents, or a return ticket.
• They should be honest and transparent throughout the visa application process, including during inspections by CBP officers at the port of entry. Any misrepresentation or perceived visa fraud can lead to serious consequences, including deportation or a ban from re-entering the US.

After Arriving in the US on a Tourist Visa:

• Your fiancé's family can attend the wedding and participate in tourist activities permitted by their visa.
• If they decide to get married in the US, they can do so legally while on a tourist visa. However, they should be aware of the potential challenges and risks associated with adjusting their status from a tourist visa to permanent residence.
• Adjusting status from a tourist visa can be deemed visa fraud if there is clear evidence of a preconceived intention to marry and stay permanently in the US before entering the country. This can lead to denial of the adjustment of status application and potential deportation.
• To avoid issues, it is recommended that they prove their marriage is in good faith and not solely for immigration benefits. They should also consider the timing of the wedding, as getting married too soon after entry may raise red flags for USCIS.
• If they choose to adjust their status, they must remain in the US until they receive their final decision and papers. Departing the country before then may result in their application being classified as "abandoned" and denied.

Visa Waiver Program

The Visa Waiver Program allows citizens of designated states to enter the U.S. with a passport only. However, it is important to note that this type of entry is temporary and intended for single-purpose visits, such as business or tourism. Any behaviour that deviates from this intended purpose may be interpreted as visa fraud. For example, if a visitor on the Visa Waiver Program marries a U.S. citizen or green card holder, this could be considered inconsistent with the purpose of their visit and may result in negative consequences.

To avoid issues with the Visa Waiver Program, it is generally recommended that those planning to marry a U.S. citizen or permanent resident apply for a K-1 visa or start the CR-1 embassy visa process. The K-1 visa, also known as a fiancé(e) visa, allows the fiancé(e) of a U.S. citizen to enter the country and get married. To obtain this visa, the U.S. citizen must file a Form I-129F, Petition for Alien Fiancé(e). Both parties must intend to marry within 90 days of the fiancé(e) entering the U.S., and the marriage must be valid, with both individuals genuinely intending to establish a life together. The K-1 visa is valid for up to 6 months for a single entry.

It is important to note that if your fiancé(e)'s family intends to come to the U.S. for the wedding, they may face similar considerations. While it is possible for them to enter on a temporary visa, such as a tourist visa, they must be careful not to misrepresent their intentions. U.S. immigration officials may scrutinize their situation and question their true intent for visiting. If there is evidence that they plan to stay permanently or marry a U.S. citizen, their entry may be denied. To avoid complications, it is advisable for your fiancé(e)'s family to provide clear evidence of their ties to their home country and their intention to return.

Frequently asked questions