Immigration Legal Assistance, California Residents
Approved by the State Bar of California
This package is used by United States citizens who wish to bring their prospective husbands or wives to the United States to conclude a valid marriage within ninety (90) days of entry. Minor children of fiancées can also accompany them. In order to petition for a fiancée the US citizen must have personally met the fiancée within two years of the filing of the petition, unless waived by INS. The petition is filed with the US Immigration Service, which must approve the petition, which is then forwarded to the US consul where the fiancée will apply for his or her K-1 visa. The fiancée must marry the US citizen within ninety (90) days of entry to the US, and then he or she must file an application for adjustment of status to become a permanent resident.
Please read the instructions, attached to the petition, carefully to determine who can file the petition and what documents will be needed to qualify for the fiancée visa. Note: Whenever you mail any forms or documents to the immigration service, you should always do so by certified mail, return receipt requested, or by some form of express mail for which you can obtain proof of receipt. This is very important in the event immigration loses your application. In that event you can submit your proof of receipt, with evidence of payment, in order to process your case more rapidly.
What forms and evidence do you submit to Immigration to start the case? The US citizen petitioner will complete immigration form I-129F and send it to immigration together with two (2) Biographic Information Forms (G-325A), one for the petitioner and one for the alien fiancée. (A photo of the petitioner and the beneficiary should be attached to their respective biographic forms.) The petitioner must also send the documentation that is listed on the “Supplemental Instructions for Fiancée Petition”, and a check or money order for the appropriate filing fee.
The petition with supporting documentation, especially evidence that the parties have personally met within the past two years, must be mailed to the immigration service center that has jurisdiction over the location where the petitioner resides.
Once the petition is approved it is forwarded to the US consulate in the country where the alien resides. The consulate will notify the alien of the documents to present at the interview. These will include the “Nonimmigrant Visa Information” application, the application for “Immigrant Visa and Alien Registration”, the “Affidavit of Support”, and color photographs of the alien.
Following the interview, if everything is in order, the alien will be issued a K-1 visa to enter the United States to join her fiancé. The parties must then marry within three (3) months and then the fiancée will file an application to adjust her status to permanent residence in the United States.
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