K-1 Fiancé/e Visa

      K-1 is a nonimmigrant visa for alien fiancé(e) of United States Citizen if the U.S.C. wants his or her foreign fiancé(e) to travel to the United States to marry the U.S.C. and live in the U.S. The whole application process is expected to last for 6 to 9 months.

     U.S.C. should file the Petition for Alien Fiancé(e) with U.S. Citizenship and Immigration Services office that serves the area where he or she lives. After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where the fiancé(e) will apply for a K-1 nonimmigrant visa. After getting the fiancé(e) visa, the fiancé(e) enters the U.S. through a U.S immigration port-of-entry. The fiancé(e) is eligible to apply for Employment Authorization Card and Adjustment of Statues if the couple have married within 90 days of the fiancé(e) entry into the U.S. The fiancé(e) receives the green card after Adjustment of Permanent Resident Status application approved.

     It is eligible to apply for the petition only if A. The petitioner is an U.S.C. B. U.S.C. and the alien fiancé(e) are eligible to marry. C. They have met within two years and D. They plan to marry within 90 days of alien fiancé(e)’s arrival. Various documents and materials such as emails, photos can be used to prove the petitioner and alien fiancé(e) have met within two years. It is also worth to attach a wedding plan detailing the time and the place where the couples are going to hold their ceremony. Please save your communication records, emails and letters for Visa interview purpose. If one or two parties have previously married, include the divorce degree in the petition. 

    Also please keep in mind that alien fiancé(e) must return to his or her own country if the marriage does not take place within 90 days. Alien fiancé(e) is not able to change status to other nonimmigrant visas.

K-3 Spouse Visa

     Based upon the receipt notice of Immigration Petition for Alien Spouse from USCIS, Citizen of United States is able to file K-3 for the alien spouse. The K-3 and K-4 visas allow the spouse of U.S. citizen and the children of the alien spouse to come to the U.S. on K-3 / K-4 nonimmigrant visa. Once in the U.S., they can file Adjustment to Permanent Resident Status.

     K-3 and K-4 are admitted to the U.S. for a 2-year period. An extension of stay will be granted for additional 2-year intervals but only if the U.S. citizen spouse has filed an I-130 petition.

     A K-3/K-4 has employment incident to status but must nevertheless apply for Employment Authorization on I-765.

     K-3/K-4 may travel outside the U.S. and return on a valid K-3/K-4 visa.

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