With which INS regional center is my petition filed in?
Your petition must be filed at the INS Regional Service Center that has jurisdiction over where you reside. There are four INS Regional Centers, formerly known as the Northern, Southern, Eastern and Western Centers. They are now identified by the city and state in which they are located.

The Nebraska Service Center, formerly known as the Northern Service Center, is located in Lincoln, NE and serves residents of the following states: AK, CO, ID, IL, IN, IA, KS, MI, MN, MO, MT, NE, ND, OH, OR, SD, UT, WA, WI, WY

The Texas Service Center, formerly known as the Southern Service Center, is located in Mesquite, TX and serves residents of the following states: AL, AR, FL, GA, KY, LA, MS, NM, NC, OK, SC, TN, TX

The Vermont Service Center, formerly known as the Eastern Service Center, is located in St. Albans, VT and serves residents of the following states: CT, DE, DC, ME, MD, MA, NH, NJ, NY, PA, PR, RI, VT, VA, WV and Virgin Islands

The California Service Center, formerly known as the Western Service Center, is located in Laguna Niguel, CA and serves residents of the following states: AZ, CA, HI, NV and Guam
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What if my fiancée and I decide not to get married?
You and your fiancée are not required to get married, although you must demonstrate a serious intention to marry in order to qualify for a K-1 visa. If you do not get married within 90 days, your fiancée must depart the United States. You will not be precluded from filing petitions with INS in the future. Likewise, your fiancée will not be precluded from receiving any other visas in the future for which she may qualify, provided she departs the U.S. prior to the expiration of her 90 days. Back to FAQ

What if my fiancée has a child?
Minor children of your fiancee who are under 21 at the time of the Embassy interview qualify for a K-2 visa and may travel to the U.S. with their mother. Back to FAQ

Can my fiancée work when she gets to the U.S.?
Technically, yes. Your fiancée is eligible to work while in the U.S. on a K-1 visa. She should receive work authorization upon her entry to the U.S.. However, many ports of entry appear to have abandoned this practice. Therefore, your fiancée may have to file an application for employment authorization with your local INS office. Unless there is an immediate need for work authorization, most fiancées simply file for work authorization after they get married in conjunction with their application for adjustment of status (green card). Back to FAQ

Can the K-1 visa be extended if we do not get married within the 90 days?
No. There are no extensions of a K-1 visa. No exceptions. Back to FAQ

Can I petition for my fiancée if I am not a USC?
No. Only U.S. citizens can petition for a Fiancé(e) Visa. Permanent residents are not permitted to file Fiancé(e) Visa applications. Back to FAQ

What happens after we get married?
After you and your fiancée marry within the 90 days, your fiancée will need to apply for adjustment of status through your local INS office (not your INS regional center). Adjustment of status is the process in which your fiancée receives her conditional permanent residence, otherwise known as her green card.(Please note that the adjustment of status process is not included in our fee.) Back to FAQ

Can my fiancée marry someone other than me when she gets to the U.S.?
The fiancée visa permits the beneficiary to enter the United States for 90 days to marry the petitioner, and ONLY the petitioner. Although there is no way to prevent a fiancée from marrying someone other than the petitioner, the INS will not permit her to adjust her status to conditional permanent residence. Back to FAQ

Which Affidavit of Support form is required for the Fiancé(e) Visa, Form I-134 or Form I-864?
The Fiancé(e) Visa requires the sponsor to submit Form I-134 Affidavit of Support on behalf of the beneficiary. However, when your fiancée applies for adjustment of status after the marriage, you (the sponsor) will be required to submit the newer Form I-864 Affidavit of Support on behalf of your spouse. The new Form I-864 has stricter requirements, one of which is the submission of the sponsor's tax returns for the past three (3) years.  Back to FAQ

What is the minimum income requirement for me to sponsor someone for a Fiancé(e) Visa?
The minimum income requirement is 125% of the poverty level and varies depending on the number of dependants of the petitioner. Co-sponsors are permitted if the petitioner alone does not meet the minimum requirements.  Back to FAQ

What if I marry my fiancée in her own country?
If you marry your fiancée in her home country, she no longer qualifies for a Fiancé(e) Visa. Because she is now your wife, you must file an I-130 Petition for an Immediate Relative (Spouse Visa). Relative Petitions generally take longer to process through the INS. Keep in mind that many foreign countries have certain marriage requirements that make it impractical to get married overseas. For example, most Former Soviet Union countries have a 30 day waiting period in order to get a marriage license. Generally, the Fiancé(e) Visa is usually the more favorable and faster option for a United States Citizen interested in marrying a foreign national.  Back to FAQ

Can I file the Fiancé(e) Petition directly with the Consulate overseas, instead of with the INS in the United States, in order to speed up the process?
No. All I-129F Petitions for Alien Fiancé(e) must be processed through an INS Regional Service Center in the United States.  Back to FAQ

What if my fiancée comes here on a tourist or business visa (B1/B2) and we get married?
If you marry your fiancée while she is in the United States on a tourist or business visa, your fiancée may have to deal with issues of visa fraud when she attempts to adjust her status to a conditional permanent resident. Even if your fiancée is able to obtain a tourist or business visa, it is still recommended that she obtain a K-1 visa to avoid any issues of visa fraud with the INS.  Back to FAQ