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Visas fall roughly into two classifications, non-immigrant (for visitors, employees, and missionaries, for example), and immigrant (permanent visas for things like the visa lottery, families intending to move permanently to the USA, business investment, and new marriage partners). The K-1 visa is in a bit of a grey area: although it is officially called a nonimmigrant visa, applicants intend to apply for immigrant status after arriving in the USA.
A US citizen may marry any foreigner under the law of their desire, with the fewest exceptions necessary. Human rights laws, international law, and US constitutional law together create the right of a US citizen to marry a fiancee of their (mutual) choosing, no matter what the citizenship (national origin, race) of the fiancee. The legal philosophy behind the bureaucracy (forms, interviews, and proofs) of K1 visas (along with visas for spouses and their family members) is that the government can limit human and constitutional rights only if there is a compelling state interest, or, in other words, an overriding concern that affects the rights of other citizens. And the USA has established a large list of reasons: national security, controls against subversives, crime, etc.[citation needed]
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You must file the Petition for Alien fiancee, Form I-129F, with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. See the Department of Homeland Security's USCIS Field Offices for information on where you can file the petition. Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad.
After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where your fiancee will apply for a K-1 nonimmigrant visa for a fiancee.
Detailed information about the International Marriage Broker Regulation Act (IMBRA) of 2005 petition requirements are shown in the new Form I-129F, Petition for Alien fiancee instructions.
The I-129F petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed.
Because a fiancee visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fiancee must meet some of the requirements of an immigrant visa.
