fiancé(e) &
spousal visas

Fiancé(e) and Spousal Visas

K-1 and K-3 Visas offer ways for fiancé(e)s and spouses of US Citizens to come to the US and go through the green card process while physically in the US (the adjustment of status process) instead of having to do it in their home countries through consular processing.

What does someone need to show to get a K-1 Fiancé(e) visa?

Fiancé(e) visas, commonly referred to as K-1 visas, are intended for fiancé(e)s of US Citizens who are coming to the United States for the sole purpose of marrying the US Citizen. Here are some of the basic requirements that need to be shown to qualify:

entering the US for the sole purpose of getting married to the petitioning US Citizen;
marriage must occur within 90 days of entering the US;
must prove the legal ability to get married (for example, not already married);
US Citizen and fiancé(e) must have met in person within the 2 years before filing the application;
the fiancé(e) must be eligible to enter the US and not inadmissible; and
the US Citizen petitioner must provide a copy of their criminal record, if any.

What is the process for getting a K-1 Visa?

The K-1 visa process is broken down into 2 parts: the application filed with USCIS, and then the application filed with the Department of State.

First, the US Citizen must file a petition with US Citizenship and Immigration Services. If approved, the petition is then transferred to the US Embassy or US Consulate where the fiancé(e) lives, and an interview will be scheduled. The approved petition is valid for only 4 months, but can be extended by the immigration officer at the Embassy/Consulate (especially in situations where the wait time for an interview is longer than 4 months).

If the K-1 visa is approved and issued by the US Embassy/Consulate, the visa is valid for 6 months. That means that the fiancé(e) must enter the US on the K-1 visa within 6 months of it being issued, otherwise it will no longer be valid.

K-2 Visas are also available for the minor children of K-1 fiancé(e)s.

What's the difference between a K-3 spousal visa and a green card? Why would someone apply for a K-3 visa?

A K-3 Visa is for spouses of US Citizens, and lets them come to the US and wait for their green card while in the US by applying for adjustment of status, rather than applying for the green card at the US Embassy or Consulate in the home country.

Usually when a person who is outside the United States wants to apply for a green card, they must apply through what's called "consular processing" which requires the filing of an application with and appearing for an interview at the US Embassy or Consulate where the person lives. While this process is pending, the foreign national is technically permitted to travel to the US (assuming they have a valid visa and meet admissibility requirements), but only temporarily and must ultimately return to the home country to finish the green card process.

With a K-3 visa, the spouse of a US Citizen can come to the US and remain here until the green card application process is complete. By coming in on a K-3 visa, the foreign spouse does not have to worry about "nonimmigrant intent" at the time of entry, which exists if someone is coming in on a visa such as a tourist or student visa.

What does someone need to show to get a K-3 visa?

A K-3 Visa is for spouses of US Citizens, and lets them come to the US and apply for a green card through adjustment of status, rather than applying for the green card at the US Embassy or Consulate in the home country.

To be eligible for a K-3 visa, the person must have a valid marriage to a US Citizen, the US Citizen must have already filed Form I-130, and the person must be coming to the US to wait for the green card process to finish.

The K-3 process involves the US Citizen filing multiple forms with USCIS, along with a copy of the US Citizen's criminal record if any. If the K-3 petition is approved by USCIS, it is then sent to the US Embassy or Consulate where the foreign spouse lives (or where the marriage took place if the marriage occurred abroad). The foreign spouse will receive instructions on documents that will be needed, as well as where to appear for a medical exam.