Eligibility Requirements As a Fiancé(e)

If you petition for a fiancé(e) visa, you must show that:

• You (the petitioner) are a U.S. citizen.
• You intend to marry within 90 days of your fiancé(e) entering the United States.
• You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing your petition.
• There are two exceptions that require a waiver:
  1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
  2. If you prove that the requirement to meet would result in extreme hardship to you.

Eligibility As a Spouse

To be eligible for a K-3 nonimmigrant visa, an individual must:

• Be married to a U.S. citizen
• Have a U.S. citizen spouse file Form I-130, Petition for Alien Relative

A child may be eligible for a K-4 visa if:

• He or she is unmarried, under 21, and the son or daughter of a qualified K-3 nonimmigrant visa applicant

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