Fiancee Visa to the USA
FREQUENTLY ASKED QUESTIONS:
Why should I apply for a fiancee visa instead of a tourist or other type
If your fiancee is under 40 years old and has never previously been to
the United States or Western Europe, there is most likely only one US
visa for which she will qualify, a FIANCEE VISA. Her chances of obtaining
any other type of visa are very small. All attempts to get another type
of visa, including business visas, educational visas, medical visas and
a host of others, very often end in failure. Besides, after being denied
any other type of visa it is more difficult to obtain a fiancee visa.
Why shouldn't I just marry my fiancee in the foreign country then bring
This can work, but it is much slower than getting the fiancee visa first.
First, you would have to be physically present in you fiancee's country
a minimum of one month before the wedding. Then you would have to file
her visa petition in the US and it would take at least twice as long to
obtain her visa as the fiancee visa process takes.
the best way to bring your fiancee to your home country is to apply for
a fiancee visa.
kind of visa is it? What is the visa processing time?
is required to obtain a fiancee visa? Where to apply?
is my fiancee asked at the visa interview?
documents are required for her child?
I use the service of a lawyer to obtain a fiancee visa?
the contact information of the Embassy?
can find the answers to these and other questions below.
Immigration and Nationality Act provides a nonimmigrant visa classification
"K-1" for aliens coming to the United States to marry American
citizens and reside here.
days at INS, 30-90 days at the American Consulate
To establish K-1 visa classification for an alien fiancee, an American
citizen must file a petition, Form I-129F, Petition for Relative or Fiancee,
with the Immigration and Naturalization Service (INS) having jurisdiction
over the place or the petitioner's residence in the United States.
- Such petitions can not be filed or approved outside the United States.
- The approved petition will be forwarded by INS to the American Consulate
office where the alien fiancee will apply for his or her visa.
- A petition is valid for a period of four months from the date of INS
action, but can be extended by the Embassy if a visa cannot be issued
during that period and the intention to marry still exists.
Applicants who have a communicable disease, or have a dangerous physical
or mental disorder; are drug addicts; have committed serious criminal
acts, including crimes involving moral turpitude, drug trafficking, and
prostitution; are likely to become a public charge; have used fraud or
other illegal means to enter the United Stated; or are ineligible for
citizenship, must be refused a visa.
- The two-year foreign residency requirement for former exchange visitors
is also applicable. If found to be intelligible, the consular office will
advise the applicant if the law provides for a waiver.
Applying for a finacee visa
Upon receipt for an approved petition, the American consular officer will
notify the beneficiary and give him or her the necessary forms and instructions
to apply for a "K" visa.
- Since a fiancee visa applicant is an intending immigrant, he or she
must meet most of the same documentary requirements of an immigrant visa
- All documents in a foreign language must be accompanied by a notarized
following forms and documents are required for applying for a K-1 Fiancee
THE PETITIONER (U.S. CITIZEN):
Form I-129F - Petition for Alien Fiancee (completed and signed)
Form G-325A - Biographic Information (completed and signed by petitioner)
Form I-134 - Affidavit of Support (completed, signed and notarized)
A written statement describing the circumstances under which you and your
Copy of Birth Certificate
Proof of termination of any prior marriages of the Petitioner
Two INS Color Photographs
Proof of Financial Support (Bank Statement; Letter from employer; Last
3 years tax returns; Copy of paycheck stub)
Evidence that you have met and evidence of the relationship (Letters,
emails, telephone bills, photographs together, receipt from engagement
and/or wedding rings, receipt from deposit for catering/ reception hall)
A check or money order made out to Immigration and Naturalization Service
THE BENEFECIARY (FIANCEE):
Form G-325A - Biographic information (completed and signed by Fiancee)
Two INS color photographs
Copy of Birth Certificate of Fiancee
Proof of termination of any prior marriages
for pictures for the immigrant visas application
August 2, 2004 the U.S. Embassy is implementing a new format for pictures
submitted along with immigrant visa applications.
USCIS has decided to adopt the Department of State photo standard, currently
being used for the MRIV, CIS documents, as well as for Immigrant visas.
The requirement is as follows.
All photographs should measure 2 inches by 2 inches (approximately 50
mm by 50 mm) with the head centered in the frame. The head (measured from
the top of the hair to the bottom of the chin) should measure between
1 to 1 3/8 inches (25mm to 35mm), with the eye level between 1 1/8 to
1 3/8 inches (28mm and 35 mm) from the bottom of the photo.
photographed the person should look straight, his/her hair should be put
behind the ears (without any earrigns in them). In the photo there should
be a person's head and top part of the body (till the middle of chest).
Facial features must be identifiable. If the person usually wears glasses
- he/she must be photographed in glasses (there mustn't be any splotches).
Photos may only be color, but must be taken against a white or off-white
All applicants, even infants included in their parents' passports, are
required to have photographs.
the date of the appointment your fiancee should go to the Immigrant Visa
section of the Embassy. Minor children under 14 do not need to attend
Fiancee will need the following documents for her interview at the Embassy:
Original valid international passport
Original birth certificate (with its notarized translation into English)
Proof of termination of any prior marriages (original and also its notarized
translation into English)
A police certificate in all names ever used from the current place of
residence as well as from any place or places of residence for 6 months
or more since attaining the age of 16. (This includes localities where
applicants have lived during university studies. If the applicant was
on military service, he/she should bring the certificate from the local
draft board. If an applicant has lived abroad for more than one year,
a police certificate must also be submitted from the country in which
he/she lived. Police certificate validity is one year since the date of
Medical exam results
The form I-134 - Affidavit of Support and proof of adequate financial
support in the US to ensure that the fiancee and dependant children will
not become public charges
Evidence of valid relationship with the petitioner - pictures together,
letters, phone bills, etc.
Any documents in a foreign language must be accompanied by a Certified/Notarized
dependant child requires:
Valid passport (or may be included in the parent's passport)
If a child is 16 years of age or over, police certificates are required.
of the indicated documents are required as well.
your fiancee is divorced and has a child or children, she must get a notarized
document telling that the father of her child permits him/her to move
to another country. Her ex-husband and she must go to a public notary
and fill in the permission form there.
your fiancee is a widow with a child or children, she must go to the civilian
registrar's (ZAGS) and get a document confirming that she is the only
person in charge of the child/children. A single mother (never married
to her child's father) must get this doctument at the center that protects
an applicant is required to provide additional documentation after the
interview with an American consular officer has taken place, the documentation
may be submitted to the 221G box at the Embassy North Gate between 2.00PM
and 4.00PM on any working day or mailed to the Embassy.
experience. A true story from Steve, whose fiancee went through the interview:
surprise--the interview was an extensive grilling. Among the questions
she was asked were the following:
1. write your fiance's full name in English.
2. what city was your fiance born in?
3. what is your fiance's mother's maiden name?
4. what was your fiance's ex-wife's name?
5. what were the circumstances surrounding your fiance's divorce?
6. when and how did you first meet?
7. how many times has he been to Russia (interviewer reply: only two times!)?
8. what things do you have in common?
9. besides the kids, what do you have in common?
- She did report answering all of the questions very quickly and confidently.
However, just like running plays in football and oral exams in grad school,
it might be better to slow down and answer each question at a relaxed
pace--not because of the content of the question, but because it eats
up the clock.
- There were a surprising number of questions about our relationship.
It took her a couple of them before she just came out and said that she
really loved me, and wanted to be with me forever. Apparently, some other
fiancees took even longer to figure out that this is what our particular
interviewer wanted to hear before going on to the next topic...
- How did she get him to stop? When he asked "What, besides family
activities with the kids, do you like to do together?", she said
"Well, when he was in Russia, and we finally got our boys to bed,
there were lots of things we liked to do together when we were left alone
of interview. "
frequently asked questions are:
Where does your fiancee live?
What does your fiancee do for a living?
When and how did you fiancee propose to you?
When and where is the wedding?
How many people are invited to a wedding?
Will you have a honeymoon? If yes, where?
officer can also tell your fiancee some facts about your financial status
and ask if she knows these facts.
can be asked various questions, even unpleasant ones (it is quite
common). For instance, such questions as:
Did you have relations with other men while you were married to your first
Who paid for your trips abroad?
Who did you go abroad to? To other men?
Do your fiancee send money to you? (it is better if he does)
she has the right not to answer questions like these (according to the
Law about private information (Privacy), no one can be forced to answer
the questions about his or her private life). But the result of
this refusal to answer a question will depend on the officer that interviews
your fiancee. He may regard it as her unwillingness to answer questions
or desire to conceal some facts from the Embassy and deny a fiancee visa
as a result or may regard that she shows her dignity by this. So, it
is better not to take a risk and answer all the questions.
port of entry
The marriage must take place within 90 days of admission into the United
- Following the marriage, the alien spouse must apply to the INS to establish
a record of entry for conditional permanent residence status.
- After two years, the alien may apply to the INS for removal of the conditional
visas for children of alien fiancees
visa is the visa category for the minor children of a K-1 visa holder.
All children (under 21 years old and unmarried) of an alien classified
K1 should be listed on I-129F Petition for Alien Fiance(e).
child of a K1 principal alien may acquire K2 status even after the principal
alien has married American Citizen Petitioner and acquired lawful permanent
resident status in U. S. A marriage certificate of the principal alien
along with the rest of the required documentation must be provided for
the child's visa interview in this case. The cut-off date for issuance
of a K2 visa is 1 year from the date of the K1 visa issuance to the principal
Once found qualified for visa issuance, alien fiance(e) and her child(ren)
receive nonimmigrant visas in their international passports. K1 and K2
visas are valid for one entry into the U.S. at any time within the next
I use the service of a lawyer
can use the cervice of lawyers, pay them and they will tell you everything
you need to do and you'll just follow their instructions. It is an easier
and a bit quicker way to obtain a visa as lawyers can speed up the visa
process. But if you prefer to do without lawyers - it is also possible.
A lot of people managed to do it on their own. The letter from one of
our clients is an eluquent evidence of it:
I want to thank everyone at chance for love, as my fiancee just got her
visa to America yesterday!!!!!! ...I get paperwork going in May, I get
approval in September, and she get visa in November. I want to say, that
I hear always, get a lawyer for this. I look for lawyer, they wanted 8,000
dollars for paper work, I do all on my own. Yes it was hard, but I tell
you if I can do it, anyone can!!!!! I want to say it was our love that
made this happen, we worked hard for our love. I know that I have found
the best women in the world."
Red Bluff, California
information of the US Embassy in Moscow
Bolshoy Deviatinsky Pereulok No. 8
Moscow 121099, Russian Federation - PSC-77, APO AE 09721
Tel: +7 (095) 728-5000, fax: 728-5090
(Moscow is 8 hours ahead of Washington)
Consular e-mail (for questions regarding visas and other consular services):
U.S. Consulate General in St. Petersburg
Ulitsa Furshtadskaya, 15, St. Petersburg 191028
Russia - PSC 78, Box L, APO AE 09723
Tel: +7 (812) 331-2600, fax: 331-2852
(Saint Petersburg is 8 hours ahead of Washington)
After hours emergencies: 331-2888