Fiancé(e) Visa

If you are planning to marry a Nepali national but would like to do so in the United States, you will need to apply for a K Visa for your fiancé(e). All K visas require a petition to be filed with the United States Citizenship and Immigration Services (USCIS) in the United States. You cannot file a fiancé(e) petition in Nepal. The Embassy cannot do anything to speed up the processing of your fiancé(e) petition. You must communicate directly with the USCIS. Please visit the State Department's website or the Department of Homeland Security's website for more information.

What Is a "Fiancé(e)"?

A fiancé(e) is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place.

In general, the two people must have met in person within the past two years. The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage.

Filing the Petition

You must file the Petition for Alien Fiancé(e),  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. You must file the Petition for Alien Fiancé(e),  , 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  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 fiancé(e) will apply for a K-1 nonimmigrant visa for a fiancé(e).

What Should I Know about International Marriage Broker Regulation Act (IMBRA)? Detailed information about the International Marriage Broker Regulation Act (IMBRA) of 2005 petition requirements are shown in the new Form I-129F, Petition for Alien Fiancé(e) instructions.

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.

A Fiancé(e) Is Also an Immigrant

Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa.

Preparing for an Interview

Once the Embassy has received your petition, the consular section will let your fiancé(e) know that he or she should start preparing for an interview. Responsibility for the case transfers from the USCIS to the Embassy.

Fiancé(e) visas are classified as nonimmigrant, but because the eventual purpose of the visa is for your fiancé(e) to live permanently in the United States, preparing for a K-visa application is very similar to Preparing for an Immigrant Visa (IV) Interview. Your fiancé(e) will have to pass a specific type of medical examination, for example.

All of the IV interview procedures apply to fiancé(e) interviews, with the following exceptions:

Your fiancé(e) should fill out and sign Form DS-156 (male applicants between the ages of 16 and 45 should also fill out form DS-157) and the DS-156K Supplemental Form instead of Form OF-230.

Your fiancé(e) will need to submit evidence of your relationship. Specifically, he or she will need to submit evidence that the two of you have met in person at least once during the last two years. A photograph is the simplest form of evidence, but if the photograph is not obviously very recent it should be accompanied by other evidence that you and your fiancé(e) were in the same place at the same time during the last two years, such as arrival and departure stamps placed in your passport by Nepali Immigration.

Form I-864 is not proper evidence of financial support for a fiancé(e) visa and cannot be accepted in fiancé(e) visa cases. You may use Form I-134 if you choose, but you should attach tax documents or other proof of income demonstrating that your fiancé(e) will not require government assistance in the United States.

Provided that they were named on the original petition, your fiancé(e)'s children, up to the age of 21, will be able to apply for derivative (K-2) visas to accompany their parent to the United States.

No IV application fee will be charged. Your fiancé(e) will have to pay a $131 application fee at Nabil Bank, Maharajgunj Branch, Kathmandu (behind Namaste Super Market). Further instructions for paying the fee will be given to your fiancé(e) by the Embassy. (Please note that a Fiancé(e) Visa is not a money-saving way to bring a spouse to the U.S. The USCIS will charge substantial fees to convert your fiancé(e)'s status once you are married.)

The consular officer may ask for additional information according to the circumstances of the case. Documents in foreign languages should be translated.

If your fiancé(e)'s visa is issued, the consular officer will let you know when to collect the visa. The visa will be valid for six months. Once your fiancé(e) enters the United States, he or she will have up to ninety days in which to get married.

What Must Happen After Getting the Fiancé(e) Visa?

After getting the fiancé(e) visa, your fiancé(e) enters the U.S. through a U.S immigration port-of-entry. The U.S. immigration official gives your fiancé(e) instructions on what to do when he/she enters the United States. You must get married within 90 days of your fiancé(e)’s entry into the United States.

After marriage, your spouse must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR). See Permanent Resident at the Department of Homeland Security's, USCIS internet site.

Can a K-1 Visa Holder Leave the United States?

The K-1 visa allows a fiancé(e) to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the United States, 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 United States. See Emergency Travel for information on how to get a travel document that allows you to return to the United States.

Can a K-1 Visa Holder Work in the United States?

As a K-1 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)?

Children Have Derivative Status

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 - Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.