K1 & K3 Visas

 
 

K1 “Fiancee Visa” 

 

About the K1 Fiancée Visa 

K1 & K3 visas are designed to bring over foreign-born fiancees and spouses. K1 is a nonimmigrant visa designed for foreign born fiancées of United States citizens. This visa gives the foreign-born fiancée the opportunity to come to the United States with the intention of marrying the US citizen within 90 days of arrival.

In addition, the foreign-born fiancée may apply for their dependents to come to the US under K2 visas.

Process & Application Requirements 

  • Step 1: US Citizen fiancée must file a I-129 with the appropriate USCIS field
  • Step 2: USCIS sends the petition to the National Visa Center (NVC) for processing
  • Step 3: NVC forwards the application to the US consulate or Embassy abroad
  • Step 4: the US Embassy or consulate provides foreign born fiancée with additional instructions and interview dates

To apply for the K1 visa, the petitioner must prove they are a citizen, eligible to marry, and have met their fiancée in person in the last two years. Following 90 days of arrival and marriage, the fiancée may apply for lawful permanent resident (LPR) status and receive a green card through the adjustment of status process.

Once married, the former-fiancé-now-spouse may also file for an employment authorization (EAD) and apply for a social security number following adjustment of status.

Possible Reasons for K1 Visa Denial

There may be several reasons for denying the K1 visa. Most importantly is that the immigration officer would not be convinced that the relationship between the foreign-born fiancée and US citizen is legitimate. Additionally, a criminal background involving certain types of convictions could also contribute to denial. Other reasons for rejection include an incomplete or incorrect application. At NS Law Firm, we’re happy to assist you in completing your application. Schedule a consult today at Calendly – nsimmigrationlawfirm or email at admin@nslawpllc.com.

*Learn more about the K1 & K3 Visa below.

 

K3 “Foreign Spouse Visa”

 
 

About the K3 Visa 

There are some key differences between the K1 & K3 immigrant visa process. The K3 Visa is a nonimmigrant visa given to foreign spouses of US citizens that want to come to the United States while the I-130 Petition is pending. A K4 visa is also available to children of the fiancée who are unmarried and under 21 years old.

In order to obtain the K3 Visa, two forms must be submitted to USCIS: (a) Form I-130 and (b) Form I-129F. You must apply for the Form I-130 first and include a notice to the USCIS of filing this form.

Approval process

  • The USCIS will often approve the Form I-130 prior to or at the same time as the form I-129F
    • If this happens, your spouse will no longer need the K3 Visa, an immigrant visa is available once the Form I-130 is approved
  • If the USCIS approves the Form I-129F first, the spouse will need apply for a K3 Visa to come to the United States.

Visa Duration

A K3 Visa lasts for two years. You may extend your stay if you file a form I-539 120 days before the end of your two year stay. Extensions for the K3 visa are given in two year increments. In this way the K1 and K3 visas are different- the K1 visa only lasts for 30 days.

Employment with K3 Visa

You are eligible to work in the United States with a K3 visa. To obtain evidence of work authorization, you can file a form I-765 after entering into the United States.

If you are ready to bring your foreign spouse to the United States, contact us at (713) 909-0752, schedule an appointment at Calendly – nsimmigrationlawfirm, or email at admin@nslawpllc.com so we can guide you through the process.

We hope you found this post regarding the K1 & K3 visa process helpful!