Fiancé Visa (K-1/K-3)
K-1/K2 Visa for Fiance:
The Immigration and Nationality Act provides a non immigrant visa classification "K-1" for aliens coming to the United States to marry American citizens and reside here.
The K-1 petition can be filed only by U.S citizens.
In order to file K-1 petition it is important that the petitioner can establish that the petitioner and the beneficiary have been in physical presence of each other within two years prior to filing the petition. Various documents including some of the following can be used to establish this factor:
Copy of passport pages of either the petitioner or the Beneficiary showing entry and exit stamps for the trip taken to meet each other;
Copy of air tickets;
Copy of any hotel bookings showing that the Petitioner & Beneficiary were in same place at same time;
Affidavits of friends & family confirming the same.
The petitioner and the beneficiary also need to include a statement showing intent to marry each other within 90 days of the beneficiary’s arrival in United States. In addition the evidence to establish continued relationship must also be submitted. This can be established by providing various documents including some of the following:
Copies of correspondence between petitioner & beneficiary like, letters, emails, cards etc;
Copies of phone bills from both listing calls made to each other;
Affidavits from friends and family members verifying the relationship.
Once the petition is approved from USCIS. The case is transferred to the U.S. consulate in the home country of the beneficiary. The beneficiary is scheduled for an interview at the consulate by the consulate at which point the K-1 visa is stamped.
Please note that under 21 children of the beneficiary can be included in the Fiance petition in order to obtain a K-4 visa for them.
The petitioner and the beneficiary are required to get married within 90 days of the beneficiary’s arrival in United States.
K-3 Visa for spouse of U.S citizen:
Similar to K-1 the K-3 visa category is for the spouse of U.S citizen. Unlike K-1, where the Fiance petition is directly filed with USCIS, K-3 visa first requires the filing of Form I-130 immediate relative petition.
After the immediate relative petition is filed by the U.S. citizen spouse a receipt notice will be issued by USCIS confirming the receipt of the immigrant relative petition.
The next step is to file the Fiance petition with USCIS. Such Petition must include the evidence that the immediate relative petition has been filed. Once the Fiance petition is approved the USCIS will transfer the file to the U.S. consulate located in the home country of the beneficiary. The consulate will then schedule an interview of the beneficiary and upon successful interview a K-3 visa will be stamped on the passport.
The children of beneficiary who are under 21 can also get a K-4 visa. A separate Fiance petition is not needed to be filed for them, however, a separate immediate relative petition for each child will be needed to be filed.
Once the K-3 visa holder arrives in United States, the visa holder will have to file for the adjustment of status (green card in U.S).
Please note that in some cases it is better to go through the consular process of the immigrant visa then to go through the K-3 route. Please see our section green card through U.S citizen family member.
Our Attorneys have extensive experience of filing successful K-1 and K-3 petitions. For more information regardingK-1 and K-3 visa or for specific case evaluation please contact our office.
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