If your fiancé is not living in the US and is not a US citizen, he needs to have a fiancé Visa in order to enter the country. In order to obtain this fiance Visa, you have to file a petition with the Bureau of Citizenship and Immigration on his behalf. After you receive approval, your fiancé can then receive a KI fiancé Visa from a US embassy or consulate office in his home country. This approval is valid for four months, giving you plenty of time to complete the process for obtaining a fiancé Visa.
Once you do have the fiance Visa, you must become married within 90 dates of the date the fiancé Visa was issued. If the marriage does not take place or if your fiancé married someone else, the K1 fiancé Visa will be revoked and he will have to leave the country.
If your fiancé intends to live and work in the US after he receives the fiancé Visa, he has to wait until after you are married and apply for permanent residency. He can also apply for a work permit when he arrives or can even get such a permit at the same time as the fiancé Visa. However, if your fiancé does not intend to remain in the country, he must leave the country at the end of the 90-day period as stipulated by the fiancé Visa.
Once you submit the petition and receive approval, you will receive notification of the documentation required for a fiancé Visa. You will also receive all the necessary forms you need for applying for the fiancé Visa. Your fiancé needs to have a valid passport with an expiry date that will allow for at least six months in the US with a fiancé Visa. Other documents required for a fiancé Visa include a birth certificate, death or divorce certificates if your fiancé was previously divorced or widowed, police certificates, a medical exam, evidence of financial support and photographs.
In order to obtain a fiancé Visa, you and your fiancé must have met at least once in the past two years. However, this requirement for the fiancé Visa is sometimes waived in cases where it would cause undue hardship to arrange this meeting or if such a meeting is not accepted in your culture or religion. If your fiancé has unmarried children under the age of 21, these children can also come to the US as part of the fiancé Visa as long as they are named in the original petition.