If you are an American citizen and you want your foreign fiancé (e) to travel to the United States to marry you and live in the U.S., you must file K-1visa petition for Alien Fiancé (e) in the United States;

The child of a fiancé (e) may receive a derivative K-2 visa from his/her parent’s fiancé (e) petition. The American citizen petitioner must make sure that you name the child in the I-129F petition.

1. K-1,K-2 Visa?
A K-1 visa allows a foreign national to come to the United States to marry a United States citizen. The K-1 visa is valid for ninety (90) days after entry to the United States, during which time the marriage must take place. Once the foreign national is issued a K-1 visa, any of his/her unmarried children under the age of 21 may be issued K-2 visas. Upon arrival in the United States, the foreign national may immediately apply for permission to work.

2.  Two-step process to obtain a  K-1 Visa
First, the United States citizen (the petitioner) must file Petition for Alien Fiance(e) (Form I-129F) along with supporting documents with the USCIS. Through the filed petition and documents, the petitioner must demonstrate three things. To begin, it must be shown that the foreign national has a bona fide intent to marry within ninety (90) days after arrival. This is often accomplished by producing evidence that a marriage is going to take place—i.e. wedding announcements, catering contracts, etc.

In addition, it must be shown that both parties are unmarried and of legal age. Birth certificates, and if one has been previously married, evidence that the prior marriage has been legally terminated are usually satisfactory to accomplish this.

Finally, evidence must be provided to show that the parties have physically met each other within the past two (2) years.  The petitioner may submit photos of the couple, plane tickets, hotel receipts, etc. as proof that the couple has met. Exceptions to this third requirement apply in certain circumstances that cannot be explored here due to space limitations of this article. The USCIS may also schedule an interview of the petitioner wherein inquiry will be made on the foregoing issues. Once approved, notice is sent to the petitioner and the file is forwarded to the appropriate consulate abroad.

3. Documents
As the K-1 visa is a single entry visa, if your spouse wants to leave and re-enter the U.S. after filing for adjustment of status, he or she must apply for advance parole on Form I-131, Application for Travel Document to the USCIS office that serves the area where you live. The Advance Parole will allow him or her to return to the U.S. after traveling.

The child of a fiancé who entered the U.S. on a K-2 visa will need a separate Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status. Remember that in immigration law a child must be under the age of 21 and unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.