| Should I apply for the K1 fiance visa or the spouse | | | | and the immigrant visa for spouses? |
| visa? | | | | The K3 spouse visa is not an immigrant visa and does |
| This depends on many factors. If time is your | | | | not convey U.S. permanent residency. Its primary |
| foremost consideration, the K1 visa is usually quicker | | | | purpose is to allow the foreign national spouse and |
| – often taking 9 months or less for visa issuance. If | | | | derivative children under the age of 21 to travel to the |
| time is not the foremost factor then the spouse visa is | | | | U.S. for the purpose of joining the U.S. citizen spouse |
| usually the preferred option. The spouse visa is an | | | | and avoiding lengthy wait times abroad. Once the K3 |
| immigrant visa that allows the foreign national spouse | | | | spouse arrives in the U.S. they are admitted as a K3 |
| to enter the U.S. as a newly arriving lawful permanent | | | | non-immigrant. K3 spouses must apply for employment |
| resident. This is noteworthy, because the K1 fiance | | | | authorization before they can work. After the |
| visa does not provide for immediate permanent | | | | underlying I-130 spouse petition is approved, then the |
| residency upon admission to the U.S. | | | | K3 spouse may apply for adjustment of status to |
| How does the K1 fiance visa work? | | | | permanent residence. This whole process can often |
| The K1 fiance visa is a non-immigrant visa which gives | | | | take several years, though it sometimes can save a |
| the foreign national spouse permission to apply for | | | | couple months of living apart. |
| admission to the U.S. for the purpose of marrying their | | | | Should we get married in the U.S. or abroad? |
| U.S. citizen spouse within 90 days of admission. The | | | | If you and your fiance are contemplating marriage and |
| foreign national spouse entering on a K1 fiance visa is | | | | willing to marry abroad and wait a couple of extra |
| not entitled to work without separate employment | | | | months for the immigrant visa, this is usually the |
| authorization, nor is the K1 fiance authorized to travel | | | | preferred option. The primary advantage of coming to |
| outside of the U.S. In order to gain permanent resident | | | | the U.S. as a married spouse, rather than a fiance, is |
| status, the K1 fiance must affirmatively apply for | | | | that the foreign national spouse is able to enter the U.S. |
| adjustment of status to permanent residence upon | | | | as an immigrant and is entitled to permanent residency |
| marriage to the U.S. citizen fiance. All this must be | | | | upon arrival. |
| accomplished within the first 90 days of admission into | | | | Do we need a visa attorney to help us? |
| the U.S. | | | | Perhaps the foremost issue in immigration processing |
| What is the advantage of the K3 spouse visa? | | | | time delays is whether the couple is attempting to |
| The K3 spouse visa was created to give foreign | | | | submit the petition and paperwork on their own, or |
| national spouses the option of coming to the U.S. as a | | | | whether they are availing themselves of the services |
| non-immigrant spouse for the purpose of waiting for | | | | of a qualified and U.S.-licensed attorney with |
| the approval of the I-130 immigrant spouse petition in | | | | experience in family-based immigration law. Most |
| the U.S. instead of abroad. In theory, the K3 visa was | | | | processing time delays surface several months after |
| intended as a means for the foreign national fiance to | | | | the U.S. citizen petitioner has submitted the petition and |
| get to the U.S. quicker, rather than waiting abroad | | | | then receives what is called a “Request for |
| during the lengthy petition approval process. In reality, | | | | Evidence” (RFE) from the United States Citizenship |
| most service centers are now processing immediate | | | | and Immigration Services. An RFE can set your case |
| relative petitions at the same pace as the K-3 spouse | | | | back months, and can often be avoided by a properly |
| petitions. For some couples, however, it may still be | | | | prepared and documented petition at the outset. An |
| worthwhile to submit the K3 petition (filed on the Form | | | | immigration lawyer can be a great asset in this |
| I-129F). | | | | process. |
| What is the difference between the K3 spouse visa | | | | |