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Form I-130

The U.S. immigration system has two major categories of family-based immigrants: immediate relatives and family preference. If a U.S. citizen or permanent resident petitions a foreign family member, the immigrant will fall into one of these two categories. The first step in the process of getting a Green Card through marriage is to submit Form I-130 (officially called the “Petition for Alien Relative”) to U.S. Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security.

The main purpose of the I-130 form, along with supporting documents, is to establish that a valid family relationship exists.

The person filing the I-130 is called the “petitioner” or “sponsor.” The petitioner is a U.S. citizen or current Green Card holder. The person seeking a visa is called the “beneficiary.”

There are a few different categories that a beneficiary may fall under.

• Spouse of a U.S. citizen
• Unmarried child (under 21 years of age) of a U.S. citizen
• Orphan adopted abroad by a U.S. citizen
• Orphan to be adopted in the United States by a U.S. citizen
• Parent of a U.S. citizen (who is at least 21 years old)

The family preference categories include:

• Unmarried, adult sons and daughters (age 21 or over) of U.S. citizens
• Spouses and unmarried children (under age 21) of permanent residents
• Unmarried adult sons and daughters of permanent residents
• Married sons and daughters (any age) of U.S. citizens
• Brothers and sisters of adult U.S. citizens

For up-to-date filing instructions, application checklist, fees, and all requirements, please contact us.

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Form I-129F, Petition For Alien Fiancé(e)

If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). The K-1 nonimmigrant visa is also known as a fiancé(e) visa.

In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S. as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.

If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).

Eligibility for Fiancé(e) Visas

You may be eligible to bring your fiancé(e) to the United States on a fiancé(e) visa if you meet the following requirements:

• You are a U.S. citizen;
• You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)’s admission to the United States on a K-1 nonimmigrant visa;
• You and your fiancé(e) are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment); and
• You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition. You may request a waiver of this in-person meeting requirement if you can show that meeting in person would:
  1. Violate strict and long-established customs of your fiancé(e)’s foreign culture or social practice; or
  2. Result in extreme hardship to you, the U.S. citizen petitioner.

Process for Bringing your Fiancé(e) to the United States

The process for bringing your fiancé(e) to the United States involves USCIS, the U.S. Department of State (DOS), and U.S. Customs and Border Protection (CBP). At each stage in the process, background and security checks may be conducted on both you and your fiancé(e). This may include checks in various databases for national security, criminal history, and other information about you and your fiancé(e). These checks are conducted using fingerprints, names, or other biographic or biometric information.

Step 1: Petition for Fiancé(e) – USCIS

You file Form I-129F, Petition for Alien Fiancé(e), according to the form instructions. This form asks USCIS to recognize the relationship between you and your fiancé(e). USCIS reviews your Form I-129F and the documents you submitted, and may mail you a request for evidence if more documentation or information is needed. If you establish your eligibility, USCIS approves your Form I-129F and recognizes the claimed fiancé(e) relationship. Otherwise, USCIS denies your Form I-129F and notifies you of the reasons for denial. USCIS then sends the approved Form I-129F to the DOS National Visa Center (NVC).

Step 2: Visa Application – Form DS160 DOS– USCIS

The NVC forwards the approved Form I-129F to the U.S. Embassy or consulate where your fiancé(e) will apply for a K-1 nonimmigrant visa. This is generally the U.S. Embassy or consulate where your fiancé(e) lives. The U.S. Embassy or consulate notifies you when the visa interview for your fiancé(e) is scheduled. Your fiancé(e) applies for the K-1 nonimmigrant visa and brings the required forms and documents to the visa interview. The DOS consular officer determines whether your fiancé(e) qualifies for the K-1 nonimmigrant visa. If the consular officer grants the K-1 nonimmigrant visa, it is valid for up to 6 months for a single entry. If the consular officer does not find the relationship to be bona fide, DOS will not issue a K-1 nonimmigrant visa and instead will return the Form I-129F to USCIS. Generally, if DOS returns a Form I-129F to USCIS after it has expired, USCIS will allow it to remain expired. However, you may choose to file a new Form I‑129F. Please print and keep a copy of all applications, confirmations, and communications with your process.

Step 3: Inspection at a Port of Entry – CBP

If DOS issues a K-1 nonimmigrant visa, your fiancé(e) travels to the United States and seeks admission at a port of entry while the K-1 nonimmigrant visa is valid. As with any visa, a K-1 nonimmigrant visa does not guarantee admission to the United States. A CBP officer at the port of entry will make the ultimate decision about whether to admit your fiancé(e).

Step 4: Marriage

If your fiancé(e) is admitted as a K-1 nonimmigrant, you and your fiancé(e) have 90 days to marry each other.

Step 5: Adjustment of Status – USCIS

If you marry within 90 days, your fiancé(e)—now your spouse—may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. USCIS reviews Form I-485 and the documents your spouse submitted, and may mail a request for evidence to your spouse if more documentation or information is needed. You and your spouse will usually be required to appear for an interview. If you were married for less than two years at the time the Form I-485 is approved, USCIS will grant your spouse conditional permanent resident status and issue a Green Card valid for 2 years. Your spouse will need to remove the conditions on his or her residence by filing Form I-751, Petition to Remove Conditions on Residence in the 90 days before his or her Green Card expires.

Source: USCIS

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B1/B2 Business - Tourism - Medical

US visa policies can change, and often do. The latest policy and travel information is always available on the US State Department website.

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for a temporary stay, or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), for tourism (visa category B-2), or for a combination of both purposes (B-1/B-2).

Here are some examples of activities permitted with a visitor visa:

Business (B-1)

• Consult with business associates
• Attend a scientific, educational, professional, or business convention or conference
• Settle an estate
• Negotiate a contract

Learn more about Business Travel to the United States (PDF - 362 KB) on a visitor visa.

Tourism (B-2)

• Tourism
• Vacation (holiday)
• Visit with friends or relatives
• Medical treatment
• Participation in social events hosted by fraternal, social, or service organizations.
• Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating.

Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation).

Learn more about Visitor Visas – Business and Pleasure (PDF - 1020 KB).

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