Can I bring my fiancee’ to the United States?

The K-visa is a non-immigrant visa where the intending spouse of a U.S. citizen living abroad may enter the United States to marry.[1]  The K-visa holder may have the intent of immigrating permanent to the United States.  A K-1 visa holder must prove that:

 1) the petitioner is a U.S. citizen;

2) the petitioner and beneficiary intend to marry within 90 days of entering the United States;

3) the petitioner and beneficiary are both free to marry and any previous marriages were legally terminated;

4) the petitioner and beneficiary met each other at least once within 2 years of filing the petitions.[2]  

A waiver is available to if the meeting within two years would violate strict and long-established customs of the foreign culture or if you prove that the requirement would result in extreme hardship to the petitioner.[3]

The 90-day period is a strict requirement.  If the petitioner and beneficiary do not marry within the 90-day period then the K-1 visa holder must leave the United States.[4]

A child accompanying or following to join the K-1 visa holder may enter as a K-2 non-immigrant.[5]

[1] INA § 101(a)(15)(K)

[2] http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

[3] 8 C.F.R. § 214.2(k)(2)

[4] 8 C.F.R. § 214.2(k)(5)

[5] 8 C.F.R. § 214.2(k)(3)