How do I bring my spouse to the USA?
If your fiancй(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancй(e). After the petition is approved, your fiancй(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancй(e) entering the United States. If the marriage does not take place within 90 days or your fiancй(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancй), your fiancй(e) will be required to leave the United States. Until the marriage takes place, your fiancй(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancй(e) may not obtain an extension of the 90-day original nonimmigrant admission.

If your fiancй(e) intends to live and work permanently in the United States, your fiancй(e) should apply to become a permanent resident after your marriage. (If your fiancй(e) does not intend to become a permanent resident after your marriage, your fiancй(e)/new spouse must leave the country within the 90-day original nonimmigrant admission.) Please note, your fiancй(e) will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status.

Please note: Your fiancй(e) may enter the United States only one time with a fiancй(e) visa. If your fiancй(e) leaves the country before you are married, your fiancй(e) may not be allowed back into the United States without a new visa. (Please see How Can I Get a Travel Document? for additional travel information if your fiancй(e) will apply to become a legal permanent resident after you are married.)

For an excellent overview of immigration issues, please see the chapters and tables on temporary admissions and immigrants in the Immigration Statistical Yearbook.


Who is Eligible
U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancй(e) classification (K-1) for their fiancй(e). You and your fiancй(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancй(e) in person within the last two years before filing for the fiancй(e) visa. This requirement can be waived only if meeting your fiancй(e) in person would violate long-established customs, or if meeting your fiancй(e) would create extreme hardship for you. You and your fiancй(e) must marry within 90 days of your fiancй(e) entering the United States.

You may also apply to bring your fiancй(e)'s unmarried children, who are under age 21, to the United States.


How Do I Apply?
Only a U.S. citizen may file USCIS Form I-129F (Petition for Alien Fiancй(e)) on behalf of a fiancй(e). The U.S. citizen filing the petition must provide the following items to the U.S. Citizenship and Immigration Services:

• Form I-129F Petition for Alien Fiancй(e) (if your fiancй(e) has unmarried children who are under 21, they are eligible to accompany your fiancй(e), but only if they are listed on this form.)
• Evidence of your U.S. citizenship - your original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship. (Please see USCIS Form I-129F for information on the use of copies.)
• 2 Form G-325A Biographic Data Sheets (one for you and one for your fiancй(e))
• One color photo of you and one of your fiancй(e) taken within 30 days of filing (please see Form I-129F for more instructions on photos).
• A copy of any divorce decrees, death certificates, or annulment decrees if either you or your fiancй(e) have been previously married.
• Proof of permission to marry if you or your fiancй(e) are subject to any age restrictions. (For instance, in some U.S. states, you must receive special permission to marry if you are under the age of 16.)