K1 AND K3 FIANCE AND SPOUSE VISA
he K visa allows U.S. citizens to bring their fiancé(e) or spouse and their children to the United States. The K visa is divided into two main categories:
• K-1 Visa: For fiancé(e)s of U.S. citizens.
• K-3 Visa: For spouses of U.S. citizens who are waiting for the approval of their immigrant visa petition.
K1 AND K3 FIANCE VISA
Requirements
K-1 Visa Requirements (For Fiancé(e)s):
• U.S. Citizenship: The petitioner must be a U.S. citizen.
• Intention to Marry: The couple must intend to get married within 90 days of the fiancé(e)’s entry into the U.S.
• Proof of Meeting: You must show evidence that you have met in person at least once in the last two years, unless there are cultural or religious exceptions.
• Legal Capacity to Marry: Both must be legally able to get married.
K-3 Visa Requirements (For Spouses):
• Valid Marriage: The U.S. citizen and the foreign spouse must be legally married.
• Pending I-130 Petition: The U.S. citizen must have filed a Petition for Alien Relative (Form I-130), and it must be pending approval.
Frequent Questions in the Consular Interview
During the consular interview for the K visa, the immigration officer may ask several questions to ensure the legitimacy of the relationship. Common questions include:
1. About the Relationship:
• How did you and your fiancé(e) or spouse meet?
• How long have you been together?
• How many times have you met in person?
2. About the Engagement or Marriage:
• When and where do you plan to get married?
• Why did you decide to get married in the U.S.?
• Which of your fiancé(e)’s or spouse’s family members have you met?
3. About the U.S. Citizen:
• What is the full name of your fiancé(e) or spouse?
• Where does your fiancé(e) or spouse currently live?
• What does your fiancé(e) or spouse do for work?
4. About Personal History:
• When was the last time you saw each other in person?
• Do you have any children with your fiancé(e) or spouse?
• What are your plans once you arrive in the U.S.?
5. About Intent to Stay (for K-3):
• Do you plan to stay permanently in the U.S. after your K-3 visa is approved?
• What would you do if your adjustment of status is not approved?
Process
K-1 Visa Procedure (For Fiancé(e)s):
1. File Form I-129F: The U.S. citizen must file the Petition for Alien Fiancé(e) (Form I-129F) with USCIS.
2. Approval of the I-129F and Transfer to NVC: If approved, the petition is sent to the National Visa Center (NVC), which then forwards it to the appropriate embassy or consulate.
3. Visa Application and Consular Interview: The fiancé(e) must complete Form DS-160 and attend a consular interview.
4. Issuance of the K-1 Visa: If approved, the fiancé(e) has 6 months to travel to the U.S. and must marry within 90 days of entry.
K-3 Visa Procedure (For Spouses):
1. File Forms I-130 and I-129F: The U.S. citizen must file the I-130 petition and then file the Form I-129F for the K-3 visa.
2. Approval of the I-130 or I-129F and Transfer to NVC: The petition is sent to the NVC, which forwards it to the relevant U.S. embassy or consulate.
3. Visa Application and Consular Interview: The spouse must complete Form DS-160 and attend the consular interview.
4. Issuance of the K-3 Visa: Once approved, the spouse can travel to the U.S. and wait for their adjustment of status process.
Next Steps after Approval of the Fiance Visa
If you entered the U.S. on a K-3 visa as the spouse of a U.S. citizen, the steps are slightly different:
1. Apply for Adjustment of Status (Form I-485)
• Once you are in the United States on a K-3 visa, you must file Form I-485 to adjust your status to become a permanent resident. K-3 visa holders should do this as soon as possible since the visa is a temporary measure.
• Include supporting documents like proof of marriage, previous immigration paperwork, and evidence of a bona fide marital relationship.
• You can also file for work authorization and advance parole.
2. Attend Biometrics Appointment
• Similar to K-1 visa holders, you must attend a biometrics appointment for fingerprinting and background checks.
3. Prepare for the Green Card Interview
• K-3 visa holders will likely be required to attend a Green Card interview with their U.S. citizen spouse. During the interview, the immigration officer will verify the authenticity of your marriage and your eligibility for a Green Card.
4. Receive Your Green Card
• After successfully passing the interview and USCIS review, you will be granted a Green Card. If you have been married for less than two years, you will receive a conditional Green Card valid for two years. If married for more than two years, you may receive a permanent Green Card.