K-1Visa: Fiancé(e) of U.S. citizens & K-3 Visa: Nonimmigrant Visas

K-1 Visa

OVERVIEW

The fiancé visa is for couples, who intend to get married in the United States, and one member of the couple is a citizen of the United States, and the other member of the couple is a citizen of a foreign country. The K-1 visa is a 90 day long nonimmigrant visa which allows an immigrant to legally enter into America to be married and to prepare a green card application. Fiancé visas cannot be extended.

ELIGIBILITY

  1. The petitioner is a U.S citizen
  2. Both members of the couple are legally able to marry
  3. The immigrant must have a genuine intention of marrying the U.S. citizen petitioner after arriving in the U.S. within 90 days
  4. The two of members of the intended couple must have met and seen each other in person within the past two years

PETITION PROCESS

  • The citizen fiancé(e) submits Form I-129 F, Petition for Alien Fiancé(e)
  • After Form I-129F has been approved, the petition will be sent to the National Visa Center (NVC) , and then it will be sent to the U.S. Embassy or Consulate at the foreign-citizen fiancé(e)’s home country
  • Foreign-citizen fiancé(e) interviews at the U.S. consulate in the home country with the below documents:
  • Completed Form DS-160
  • A valid passport for travel with a validity date at least six months beyond the intended period of stay in the U.S.
  • Divorce or death certificate(s) if there is any
  • Police certificates
  • Medical examination
  • Evidence of financial support
  • Two 2 x 2 photos
  • Evidence of the relationship
  • Payment of fees

K-3 Visa

OVERVIEW

The K-3 Visa is for legally wedded couples, when one of the spouses is a U.S. citizen, and the other spouse is a citizen of a foreign country. The K-3 nonimmigrant visa allows the non-U.S. citizen to enter the United States to be with his/her spouse, while waiting for the adjudication of the Form I-130, Petition for Alien Relative. (Same sex marriages are now eligible for the same immigration benefit as opposite-sex marriages.)

ELIGIBILITY

  1. There must be a legal marriage recognized by the state or government where the marriage occurred
  2. The marriage must be true, and both parties wanted to be married at the time of the marriage and intend to stay married
  3. One of the spouses, is a U.S. Citizen married to a non-resident alien spouse
  4. Both spouses are only married to each other and not to any other persons at the same time
  5. The Form I-130, Petition for Alien Relatives was filed by the U.S. citizen spouse and it is pending

PETITION PROCESS

  • The citizen spouse must file Form I-130 and Form I-129F
  • If Form I-130 is approved there is no longer a need to apply for the K-3 Visa.
  • If, however, Form I-129F is approved first, then the I-129 will be forwarded to the U.S. Department of State for consular processing
  • The foreign-citizen spouse needs to bring the following documents to the visa interview:
  • Completed Form DS-160
  • A valid passport for travel with a validity date at least six months beyond the intended period of stay in the U.S.
  • Original and photocopies of the civil documents (birth certificate, marriage certificate, divorce or death certificate(s) if there is any, police certificates)
  • Medical examination
  • Evidence of financial support
  • Two 2 x 2 photos
  • Evidence of the relationship
  • Payment of fees

For more information about K-1 visa and K-3 visa, you may check U.S. Citizenship and Immigration Services’ web page:

K-1 Visa: http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

K-3 Visa: http://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas