General Information: The K-1 Visa, also known as the Fiancée Visa, may be used by United States citizens who wish to bring their prospective husbands or wives to the United States with the intention of getting married. Minor children of fiancées can also accompany them to the United States, they will be issued K-2 visas. The U.S. citizen must file a petition with the USCIS on behalf of the foreign fiancé(e). After the petition is approved, the fiancé(e) can obtain a K-1 fiancé(e) visa. The K-1 visa is issued at a U.S. embassy or consulate abroad. The marriage must take place within 90 days of the fiancé(e) entering the United States.

• K-1 Fiancée/Fiancé visa overview
• K-1 Visa eligibility and requirements.
• K-1 Visa privileges and limitations.
• How to fill out the application forms
• How to apply at a U.S. Consulate
• Accompanying children information
• List of all USCIS (formerly INS) offices nationwide
• List of United States Embassies and Consulates

Note: Fee service charged depending on type of application

           Finally there is a way to speed up the visa process for the foreign wife/husband of a United States citizen immigrating to the U.S.  Until now it was three to four times faster to obtain a Fiancée Visa (K1 Visa) for marrying inside the U.S. than it was to obtain a Marriage Visa (Spousal Visa) for a wife or husband of a U.S. citizen.  Now, with the newly created K3 visa, the waiting time for a marriage visa for an international marriage is much shorter than before.

If you make any mistakes or omissions in your filing for the K3 marriage visa, however minor they may seem to you, it will delay the visa's approval, and thus your spouse getting to the U.S., by many months.  While the rules in this area of immigration law have changed, there are no new visa forms or instructions available to the public which address these changes.  With the obvious exception that you must be married rather than engaged to the beneficiary, the requirements for the K3 visa are very similar to the K1 fiancé visa.

If you are already married to, or about to marry, someone from another country, this is the visa for you.  This is true in most cases even when you have already filed the I-130 petition for your spouse.  Obtaining a K-3 visa for your international spouse can reduce the time it takes to get his/her into the US by two years or more.   If you are considering marrying overseas, but have not already done so, we encourage you to call our office so we may advise you on your particular situation.  Depending on where you live in the U.S. and where your fiancée lives, it may or may not be in your best interest to marry your fiancée before bringing her to the U.S.  Call us.

The K3 visa can only be obtained by the spouse of a United States citizen.  Wives of permanent residents cannot receive the K-3 visa.  Children who are married or over the age of twenty-one cannot receive the K4 visa.  If the marriage took place while the spouse was in the U.S. on another type of temporary visa or visa waiver, the spouse must depart the U.S. in order to be eligible to receive a K3 visa.  You should definitely call our office for advice before making any decision about marrying a foreigner who is currently in the U.S. on any visa other than a K1 fiancé visa which you sponsored.

General Information: When a US citizen wishes to be with his or her spouse in the United States, the citizen must file the Petition for Alien Relative visa form. The State Department will notify you and issue an immigrant visa number when available for the spouse (even if the spouse is already in the United States).  To receive an immigrant visa, your relationship with your spouse must be established and your spouse must be admissible to the US under the immigration law. Furthermore, if the spouse is in the US through a lawful admission, they have to apply for Adjustment of Status same time that your spouse is filing for the Petition for Alien Relative.

Also note that after your petition has been filed, a letter will be sent to you by the INS for your EAD picture taking, fingerprinting and medical exam and you will be scheduled for an interview. Bring all proofs such as checking account, car lease, or house lease, utility, join tax return and so forth to establish relationship. After the interview, the officer will stamp your passport, I-551. You will be issued the real green card within 4-6 months or longer depending on how quickly your case is adjudicated.   Finally, keep in mind the filing of the Removal of Conditional Permanent Residency after 21 months from the day of initial adjustment status.

Should you need more information about this type of visa and the corresponding documentation, please contact Immigrant Resource Center.