How Do I Bring My Russian Fiance(e) to the United States?
If your fiance(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 fiance(e). After the petition is approved, your fiance(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiance(e) entering the United States. If the marriage does not take place within 90 days or your fiance(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiance), your fiance(e) will be required to leave the United States. Until the marriage takes place, your fiance(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiance(e) may not obtain an extension of the 90-day original nonimmigrant admission.
If your fiance(e) intends to live and work permanently in the United States, your fiance(e) should apply to become a permanent resident after your marriage. (If your fiance(e) does not intend to become a permanent resident after your marriage, your fiance(e)/new spouse must leave the country within the 90-day original nonimmigrant admission.) For more information, please see How Do I Become a Legal Permanent Resident While in the United States?. Please note, your fiance(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. For more information, please see How Do I Remove the Conditions on Permanent Residence Based on Marriage?.
Please note: Your fiance(e) may enter the United States only one time with a fiance(e) visa. If your fiance(e) leaves the country before you are married, your fiance(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 fiance(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.
Where Can I Find the Law?
The Immigration and Nationality Act (INA) is a law that governs the admission of people into the United States. For the part of the law concerning fiance(e) (K-1) visas, please see INA § 214. The specific eligibility requirements and procedures for applying for the fiance(e) (K-1) classification are included in the Code of Federal Regulations [CFR] at 8 CFR § 214.2(k).
Who is Eligible
U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiance(e) classification (K-1) for their fiance(e). You and your fiance(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 fiance(e) in person within the last two years before filing for the fiance(e) visa. This requirement can be waived only if meeting your fiance(e) in person would violate long-established customs, or if meeting your fiance(e) would create extreme hardship for you. You and your fiance(e) must marry within 90 days of your fiance(e) entering the United States.
You may also apply to bring your fiance(e)'s unmarried children, who are under age 21, to the United States.
How Do I Apply?
To find out how you can apply to bring your fiance(e) to the United States, please click here to see Application Procedures, which will help you identify what you need to do. Fiancé(e) petitions are filed at the USCIS Service Center serving your area of residence.
Will I Get a Work Permit?
After arriving in the United States, your fiance(e) will be eligible to apply for a work permit. (You should note that USCIS might not be able to process the work permit within the 90-day time limit for your marriage to take place.) Your fiance(e) should use Form I-765 to apply for a work permit. Please see How Do I Get a Work Permit? for more information. If your fiance(e) applies for adjustment to permanent resident status, your fiance(e) must re-apply for a new work permit after the marriage.
How Can I Check the Status of My Application?
Please contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application. Please click here for complete instructions on checking the status of your visa petition. Click here for information on specific USCIS offices.
How Can I Appeal?
If your petition for a fiance(e) visa is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. Your appeal must be filed on USCIS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. (Sending the appeal and fee directly to the AAU will delay the process.) For more information, please see, How Do I Appeal the Denial of My Petition or Application?.
Can Anyone Help Me?
If advice is needed, you may contact the USCIS District Office near your home for a list of community-based, non-profit organizations that may be able to assist you in applying for an immigration benefit. Please see our USCIS field offices home page for more information on contacting USCIS offices. In addition, please see our Webpage that provides information on obtaining free legal advice.
Frequently Asked Questions [FAQs]
Do you want further information? Click here for access to our Frequently Asked Questions on immigration. Also, please see the State Department Website for more information on bringing your fiance(e) to the United States.
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