The K-1 Fiancé(e) visa allows a U.S. citizen to bring his or her foreign fiancé/ee to the U.S. to get married and obtain a green card (adjust status). Fiancés and fiancées of a US citizen qualify for the K-1 visa. An application is filed with the USCIS on behalf of the fiancé(e), who will then be interviewed at a US consulate abroad.Family (Immigrant) Visas:

The I-130 petition

What is an I-130 petition?
An I-130 petition is an immediate relative petition that will allow immediate relatives of U.S. citizens or permanent residents to immigrate into the U.S..
Who may file an I-130 petition?
Any United Stated citizen or permanent resident may file an I-130 petition.
Who can a U.S citizen/permanent resident file an I-130 petition for?
A U.S. citizen may file an I-130 petition for his/her spouse, parents, brothers/sisters, or children. A U.S. Lawful Permanent Resident may file an I-130 petition for his/her spouse or children.
How many I-130 petitions may I file?
You may file one I-130 petition for each relative you intend to immigrate. This includes the children of immigrating relatives. You may sponsor as many relatives as you wish, as long as you can meet the I-864 financial requirements to do so.
Where can I find the I-130 petition?
You can download the I-130 petition at USCIS.gov
How long does the I-130 petition process take, and how long will it be until my relative can come to the U.S.?
The time frame varies, mostly depending upon if you are a citizen, and who you are filing for. Spouses of US citizens will usually get their greencard in 6-12 months, while spouses of permanent residents may have to wait for several years.
I want to marry my fiancé/fiancée who is here in the U.S. on a tourist visa. Can I marry them here in the U.S., and if I do, will they be sent back to their home country until the I-130 is approved?
If your fiancé/fiancée is currently in the U.S legally on any type of visa other than the J-1 visa (the J-1 requires a waiver by the USIA), and you are a U.S. citizen, then you can marry them. They will not be sent back to their home country unless the marriage took place while the spouse was under removal proceedings or if they are determined to have come to the U.S. on a tourist visa with the intent of immigration and marriage. This is considered immigration fraud, which can have serious consequences. You must immediately file your I-130 along with forms I-485 and I-765 at a local USCIS district office. If your fiancé/fiancée did come to the U.S. on a tourist visa with the intent of immigration and marriage and you are not yet married, then they should return to their home abroad and a K-1 visa should be filed instead of the I-130 to avoid denial or deportation. If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 should be filed with the relative outside of the U.S to avoid deportation or denial.
My fiancée came to the U.S. on a tourist visa and we married in the U.S.. They then returned to their home country. We are now filing the I-130 outside of the U.S.. Does this mean that our petition will be denied? Did we do something illegal?
No. It is perfectly OK to marry in the U.S. on a tourist visa with the intent to immigrate, as long as the intending immigrant returns to their home country to file the I-130, and does not try to adjust status and remain in the U.S. during the I-130 process, which is illegal.
How much does the I-130 petition cost?
The form itself is free, but you must send a $350 U.S. money order or check to the United States government when you file the form.
May I file a I-130 petition while out of the country?
Yes. If you reside outside of the U.S., it may be possible for you to file the I-130 petition through the nearest American consulate or embassy. Often this is quicker than returning to the U.S. and filing through the Service Centers.
What is an affidavit of support? Do I need one?
The affidavit of support is a legally binding contract, that promises the U.S. government that the intending immigrant will not become a financial burden, and will not collect welfare or public benefits until either they become a U.S. citizen, die, abandon permanent residency status, or can be attributed to 40 quarters (roughly ten years) of work. All immigrants immigrating via the I-130 petition must have an Affidavit of Support filed on behalf of them from the U.S. citizen or permanent resident who filed the I-130 petition for them.
The Affidavit of Support Fact Sheet says that I have to reside in the U.S. to sponsor my relative. Are there any exceptions to this rule?
Yes, but the exceptions do not apply to most people. For most, who do not qualify for the exceptions, there is no time limit set for you to re-establish your U.S. residency. Going back to the United States, staying a couple of weeks, opening up a bank account, leasing/buying an apartment or house, or getting a job re-establishes your residency in the U.S., making it possible to sponsor your relative.
I have heard that a K-1 visa is faster. What is a K-1 visa? Can I get a K-1 instead of the I-130?
A K-1 visa is a fiancé(e) visa that enables U.S citizens to bring over their betrothed for marriage. We recommend the K-1 visa if you are not already married, as they are generally processed more quickly. CLICK HERE to find out more about K-1 visas.
What is the K3 Visa, and can it help me?
The K-3 Visa is a non-immigrant visa like the K-1, but is usually processed faster than the I-130. CLICK HERE to find out more about the K-3 Visa.
My fiancé(e) and I desperately want to be together. Is it possible for them to come to the U.S. on a tourist visa, and then get married and file the I-130 here to avoid a lengthy separation?
No. For your Fiancé(e) to come to the U.S on a tourist visa or I-94 with the intent of immigration and marriage is immigration fraud, and could result in your fiancé(e) being banned from the U.S for 10 years. A K-1 visa (I-129f) should be filed in this case.
What are grounds for the USCIS to deny a I-130 petition?
There are several grounds by which the government can deny a petition. Not being honest with them, or insufficient proof of citizenship, a criminal record, or insufficient proof of U.S. residency are the most common reasons.
What happens if my I-130 petition is denied? Can I appeal?
Yes, you can appeal. If your I-130 petition is denied we highly recommend seeing an immigration lawyer.
Now that my petition has been approved, is my relative a permanent resident?
No. An approval of a I-130 petition only means that your relative can file for an immigrant visa, or Adjustment of Status, and does not give your relative any rights until the USCIS or a consulate officer interviews your relative and makes a decision on whether or not your relative can become a lawful permanent resident.
Does everyone filing the I-130 petition have to have an interview?
Yes. Everyone who files the I-130 and is approved will eventually have an interview with either a consulate officer or a USCIS officer before they can receive a green card.
Who needs to be present at the interview?
If your relative is outside of the U.S., then only the intending immigrant needs to be present. If your relative is inside the U.S., both of you will have to be present for the interview.
Will my relative receive their green card at the interview?
No. If your relative is in the U.S., they will receive a stamp in their passport until they receive the greencard later by mail. If your relative is outside the U.S. they will be issued an immigrant visa that will be handed over to a customs officer at their port of entry, and will then be issued a stamp in their passport and will receive the greencard by mail.
My relative is outside of the U.S. and will be issued an immigrant visa. How long is the visa good for?
The immigrant visa is good for 6 months. Your relative will have to immigrate to the U.S. before the 6 month period is up, or they will lose their visa and will have to start the process over again.
What is conditional permanent residency?
Due to immigration fraud, the USCIS gives all immigrants by marriage a conditional permanent residency green card unless the couple has already been married for over 2 years at the time of interview. The conditional green card is valid for only 2 years from issuance (the day your passport is stamped by customs or the USCIS). The couple must file a I-751 form to remove conditions in the 90 days before the 2 years is up, or the immigrant will lose their green card.
I filed the I-130 petition for my spouse, and after they received their green card, I discovered that the marriage was only for immigration reasons. Am I still financially bound to them through the I-864, and can I get them deported?
Yes and no. If your spouse is still under conditional permanent residency status, then you may have a chance at getting out of the I-864 financial responsibility, and could possibly get them deported if you can prove to the government that the marriage on the immigrant's part was for immigration purposes only and not for love, as you had thought. This is quite difficult to prove. If your spouse's status is no longer conditional you are out of luck. You are financially responsible until either they become a citizen, die, abandon their permanent residence, or can be attributed to 40 quarters of work.