Yes. Both the person filing a fiancé(e) petition and the fiancé(e) must be legally able to marry at the time of filing.
FAQs about the Fiancé(e) Petition
Does the petitioner have to meet the fiancé(e) in person?
Yes. The immigration regulations require that the petitioner has previously met the fiancé(e) within two years of filing the petition with the USCIS. The USCIS may waive the in-person requirement, where the petitioner can demonstrate either extreme hardship to the U.S. Citizen (did you mean fiancé(e)), or that the requirement would violate strict and long… Read More
What is the government filing fee for a fiancé(e) petition?
A fiancé(e) petition is termed a Petition for Alien Fiancé(e) (form I-129F). At present, the filing fee is $340. We have provided a complete list of fees applicable to the fiancé(e) visa application process on our fiancé(e) visa fees page.
How long does it take the USCIS to process a fiancé(e) petition?
After the fiancé(e) petition is filed, the USCIS will issue a receipt notice. After reviewing the fiancé(e) petition, if all the conditions and specifications are met, the USCIS will issue an approval notice. Currently, the approval process for a fiancé(e) petition occurs within five months of filing.
How long is the fiancé(e) petition valid for after approval?
A fiancé(e) petition is valid for four months after approval by the USCIS. Petitions can be revalidated by either the United States embassy or consulate officer prior to the interview; so in essence, the fiancé(e) petition does not expire.
What is a fiancé(e) petition?
A fiancé(e) petition is the first step in the fiancé(e) visa process and is filed by a U.S. citizen on behalf of their fiancé(e) with the United States Citizenship and Immigration Services (USCIS). If approved, the fiancé(e) petition is forwarded to the National visa Center (NVC) to complete the second step of the process.
Can a permanent resident file a fiancé(e) petition?
No. The person filing a fiancé(e) petition on behalf of the fiancé(e) must be a United States citizen.
What if the petitioner has been convicted of a crime?
If the person filing a fiancé(e) petition has been convicted of domestic violence, sexual assault, child abuse and/or neglect, dating violence, elder abuse, stalking, certain violent crimes and/or crimes relating to a controlled substance or alcohol, his or her criminal record must be reported to the USCIS. Also, the USCIS may disclose to the fiancé(e)… Read More
Can an unemployed petitioner file a fiancé(e) petition?
Yes. There is no USCIS requirement that the petitioner be employed in order to file a fiancé(e) petition. However, in order for the U.S. embassy or consulate to issue a K-1 visa, evidence must be presented that the petitioner is able to financially support a fiancé(e) upon entry into the United States. If the petitioner… Read More
Can the petitioner file more than one fiancé(e) petition?
There are two instances where a petitioner would not be allowed to file more than one fiancé(e) petition. The first is if the petitioner has filed two or more fiancé(e) petitions at any time in the past. The second instance, if the petitioner had a fiancé(e) petition approved two years prior to the date of… Read More