K-1 and K-3 Visas

There are two visa options available to foreign nationals who are engaged to be married to a U.S. Citizen or who have married a U.S Citizen. The selection of the best option generally requires consultation with us. These temporary, non immigrant visas are called the K-1 and K-3.

K-1 Visa

The K-1 is a non-immigrant visa available to an alien fiancée of a United States Citizen. The visa is intended to allow the fiancée to enter the U.S. solely to marry the U.S. Citizen. Upon arrival in the U.S., the couple must marry within 90 days. The process involves filing a non-immigrant visa petition with the USCIS. The petitioner must provide proof that there is a bone fide intention to marry and that the couple has previously met within two years of filing. Once the petition is filed and approved by the USCIS, it is forwarded to the U.S. Consulate in the alien’s home country.

At that time, the alien then applies for a K-1 visa by completing non-immigrant visa application forms. The Consul must determine that the alien fiancée is eligible to receive an immigrant visa before approving the visa application. The officer will check on inadmissibility issues or other legal barriers which would prevent a person from becoming a permanent resident. Once the K-1 visa is issued to the alien fiancée, he/she enters the United States and the couple must marry within 90 days. After the marriage, an immigrant visa petition and adjustment of status application are filed. These applications, if approved, will provide conditional resident status to the alien for a period of two years. Just before the two year anniversary, another application must be filed which will remove the conditional status and the alien then becomes a lawful permanent resident.

K-3 Visa

The K-3 Visa is also a non-immigrant, temporary visa available to an alien spouse of a U.S. Citizen. If a valid marriage has occurred and the alien spouse is overseas, the U.S. Citizen may petition for his/her spouse to come on a temporary K-3 visa. This allows the alien spouse to be reunited with the U.S. Citizen rather than wait a long period of time before a visa becomes available or while the petition is being adjudicated.

There are several steps to applying for a K-3 visa. The first involves filing an Immigrant Visa Petition based on the marriage between the U.S. citizen and the alien national. After that is received by the government, a non-immigrant visa petition may then be filed with the USCIS. Once the non-immigrant petition is approved by USCIS, the file is forwarded to the National Visa Center (NVC). The NVC performs a security clearance (NCIC) check. If the alien applicant clears the NCIC, the NVC electronically forwards the approved non-immigrant petition to the U.S. Consulate overseas.

The Consulate then notifies the alien spouse by sending a letter informing the documentary requirements to issue a K-3 visa. Once the documentary requirements are met, the alien submits the final application packet to the U.S. Embassy/Consulate.

An interview is arranged with a Consular Officer. If the interview is successful, the alien spouse will be issued a K-3 visa. The alien may then travel to the United States and complete processing of the immigrant visa application. This includes applying for adjustment of status.

After the alien fiancée or spouse arrives in the United States under K-1 or K-3 status, he/she may apply for employment authorization.

There are several strategies that must be carefully considered when applying for immigration benefits based on an alien’s engagement or marriage to a U.S Citizen. It requires an experienced immigration attorney to review the facts of the case and make a recommendation. There is a different kind of procedures for the application if a couple marries in the United States.

Please contact us for a complete assessment of your case by email at info@immigratelegal.com

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