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Immigration Forms for K1 Fiancee Visa and K3 Spousal Visa

I-129F Form

Petition for Alien Fiancee, Form I-129F

Fiancee - If you are an American citizen, you may bring your fiancee to the United States to marry and live here.

  • Nonimmigrant K-1 visa for fiancee  - To travel to the USA for marriage. An
    I-129F fiancee petition is required.

Filing the Petition: K-1 Visa

You must file the Petition for Alien Fiancee,  Form I-129F, with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live.

See the Department of Homeland Security's USCIS Field Offices for information on where you can file the petition. Note: You cannot file this petition at an embassy, consulate or U.S.  immigration office abroad

After the USCIS approves the petition, it sends the petition to National Visa Center  for processing, prior to sending it to the embassy or consulate where your fiancee will apply for a K-1 nonimmigrant visa for a fiancee.

Extending the Petition

The I-129F petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed.

I-130 Form

For a Spouse and Fiancee of an American Citizen.

Spouse - If you are an American citizen you can bring your foreign spouse (husband or wife) to the USA to live. They options are:

Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.

You must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the USCIS Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition.

I-131 Form

Can a K1 Visa Holder Leave the United States?

The K1 visa allows a fiance to enter the United States  one time only. If you leave the United States  after entering on a K1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the USA, you should apply with  Form I-131 Application for Travel Document to the USCIS office that serves the area where you live for advance parole to return to the USA.

See Emergency Travel for information on how to get a travel document that allows you to return to the USA.

Can a K1 Visa Holder Work in the United States?

As a K1 visa holder you may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where you live for a work permit (employment authorization document). For more information see  How Do I Get a Work Permit (Employment Authorization Document)?


 

 

 
 
 

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