FIANCÉ VISA DOCUMENTS

It is not easy to bring a foreign fiancé into the United States.  It takes time, money, a lot of work and a whole lot of papers.  It is best to start collecting the documents as soon as you become engaged.  INS does not require all of the documents at once in one big package.  Some of the documents are optional, and more may be required for special situations, but the list below contains the most common documents used to bring your fiancé here and allow her to stay for more than 90 days:

1.  Proof of U.S. Citizenship

To apply for a fiancé visa for your alien fiancé, you must be a U.S. citizen.  Proof of citizenship is usually a certified copy of your U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship.
2.  Proof of Foreign Birth
Your fiancé must prove when and where she was born.  Generally, a certified copy of your fiancé's birth certificate is sufficient.
3.  Proof That Previous Marriages Have Ended
If either your or your fiancé have been married before, you must proof that the marriage ended.  Proof is usually a certified copy of a divorce decree or death certificate.
4.  Proof That You Have Met Your Fiancé
With few exceptions, you must prove that you have met your fiancé in person within the last two years.  Have pictures taken together and make copies of plane tickets, hotel receipts, passport entry stamps and other documents that show you were in the same place at the same time.
5.  Visa Style Photographs
You will need photographs of both you and your fiancé.  INS is very picky about these photographs and even provide an instruction sheet with examples of acceptable and unacceptable photos.

The general guidelines are that the pictures should:
           Have a white background
           Be taken within 30 days
           Be taken as from the right side showing 3/4 of your face
           Show your full right ear
           Be one inch from bottom of chin to top of head
           Be glossy, unretouched and in color
Most photographers who take visa photographs have the guidelines posted.  Make sure your photographer has the published guidelines and that the finished product meets the guidelines.  You will probably only need five photographs of your fiancé and one of you, but have eight taken of your fiancé and four of you.

6.  Money
When dealing with INS through the mail, they generally require a check or money order for the exact amount due.  At the U.S. embassy or consulate, they generally require an exact cash payment.   The total amount varies, but is generally clearly indicated on the INS forms.  You will also need money for copies and  photographs, as well as your attorney.  When sending important documents, you will usually want to use a courier service, overnight mail, or registered mail.  Plan on spending at least the following amounts:
      INS                  $400
      Doctors              $300
      Copy Services         $30
      Translators          $200
      Photographers         $50
      Attorney           $1,200
      Mail and Courier     $300
7.  Petition for Alien Fiancé
The Petition for Alien Fiancé form (I-129F) currently costs $95 to file and can be downloaded in PDF format by clicking <<here>>.

Can't read PDF?  Click <<here>> for a free PDF reader.

8.  Biographic Information Forms
Both you and your fiancé must complete INS form G-325A which can be downloaded in PDF format by clicking <<here>>. 
9.  Affidavit of Support
INS forms I-864 and I-134 are both used to promise the government that your fiancé will not be a financial burden on the government.  You will actually need to file a promise twice - once for the visa and once for the ajustment of status.  The I-134 is supposed to be used for the K-1 visa and the I-864 is supposed to be used for the adjustment of status; however, the forms are very similar and the INS officer on your case may not be familiar with the exact requirements for your situation, so it is best to have both forms ready.  The forms can be downloaded in PDF format by clicking here:  <<I-864>><<I-134>>
10.  Tax Returns
INS will want copies of your tax returns for the last three years.
11.  Proof of Current Employment
    This is usually pay stubs or a letter from your employer.
12.   Application for Adjustment of Status
INS form I-485 is used to change your fiancé's visit here into permanent residency.  It is needed to keep your fiancé here for more than 90 days.  The form can be downloaded <<here>>. 
13.  Clean Medical Examination
An INS approved doctor will need to complete a form I-693.  There are generally three parts to the examination: blood test, chest x-ray, and general physical.  Your fiancé should take shot and other medical records to the examination to avoid unnecessary immunization shots.  Form I-693 can be downloaded <<here>> but most INS approved doctors will already have the forms.  Because of delays in processing time, your fiance may need to have more than one medical examination.
14.  Notice of Entry of Attorney
To notify INS who your attorney is, file form G-28 which can be downloaded <<here>>.
15.  Work Authorization Application
If your fiancé plans to work in the United States, she will need to file an I-765.  The form can be downloaded <<here>>.
16.  Signature Card
You must obtain an I-765 signature card from INS, sign it, and include it with your Work Authorization Application.
17.  Copies of Your Fiancé's Departure Record
When your fiancé enters the country, she will be given an I-94.  Insist that the processing agent mark it as work authorized.  Many people use a visa to cross the boarder every day and most "non-immigrant" visas are not work authorized.  Make sure the officer notices that your fiancé's visa is K-1 and is therefore work authorized.  Make at least four copies of the front and back of the form. 
18.  IRS Notice
To make sure your fiancé pays taxes, the IRS requires a completed form IRS 9003 which can be downloaded <<here>>.
19.  Marriage License
For your fiancé to stay here, you must be married to her within 90 days of arrival.  Record the license and get two certified copies of the license.  Make two regular copies of the certified copies.
20.  Copies of INS Forms and Letters
Many of the forms and letters INS sends you will be attached to other forms and sent back to INS.  Make two copies of every form and letter INS sends to you. Don't forget to make copies of the visa once it is put in your passport.
21.  Fingerprints
INS will tell you when and where to have your fingerprints taken.
22.   Police Clearance
Your fiancé will need a police clearance from the country of departure.
23.  Certified Translations
You must have a certified English translation of every document that is not in English.
24.  Foreign Documents
Your fiancé will need a passport from her country.  Some countries also require exit visas or other special documents before their citizens are allowed to leave the country.

 

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