Fiancé(e) Petition – K1&K2 Visas
Questions & Answers
1. Who can file a fiancé (e) Petition?
Answer: A U.S. Citizen can file a fiancé(e) petition if the U.S. citizen is engaged to a foreign national and intend to marry within 90 days of his/her fiancé(e)'s entry into the United States.
2. My fiancé(e) has children. Can they come with her/him?
Answer: Yes, if they are unmarried and under 21 years of age. Also, they need to be listed on the I-129F petition.
3. Can we get married past the 90-day deadline?
Answer: No one can stop you from getting married after the 90-day deadline but you won't be able to adjust as a K1 holder.
4. What happens if we do not get married within the 90-day window?
Answer: You have violated the terms of your K1 visa. You are subject to removal.
5. Can I adjust status if we married after the 90-day deadline?
Answer: Yes, but your spouse will have to file a Petition for an Alien Relative (I130) in addition to the Adjustment of Status application.
We have seen each other only once in the last two years. Is that a problem for I129F?
6. Answer: If you have met in person within 2 years of filing the petition, you meet the "in person requirement?
Can I get a K1 visa if we haven't met within the last two years?
Answer: Generally, the answer is no. However, USCIS may waive the in person requirement if it would be extreme hardship to the petitioner or "would violate strict and long established customs of the beneficiary's foreign culture or social practice."
7. My fiancé dies. Is his/her petition still valid?
Answer: No, the petitionis terminated.
8. I came on a K1 and married within the 90-day window but my spouse passed away. Can I get a green card?
Answer: Yes, you and your children (K2 holders) can adjust status without filing an I360.
9. I came on a K1 visa. Can I change status my status to a different type of visa?
10. I came to the US on a K1 visa. Can I marry someone other the petitioner who filed for my visa?
Answer: You can marry whoever you want but you won't be able to adjust status (get a green card) through your husband because you violated the terms of the K1.
11. Can I adjust status if I marry someone other than the original K1 petitioner?
Answer: No. INA 245(d) prohibits adjustment of status for the K1 holder when he/she marries someone other than the original K1 petitioner.
12. I am a US Citizen and filed a I-129F for my fiancé. I have a criminal conviction. Is my petition going to be denied?
Answer: It depends on the type of conviction. If you have been convicted of "a specified offense against a minor" as defined in section 111(7) of the Adam Walsh Child Protection and Safety Act of 2007, you may prohibited from filing a fiancé(e) petition unless USCIS determines you pose no risk to the beneficiary. If you are convicted of a "specified offense against a minor", consult an immigration lawyer who can review your conviction and determine whether you have a chance to obtain a waiver of your ineligibility to file a fiancé(e) petition.
Authored by: Aneliya Angelova