FAQ

K-1 FAQ:

• What is a K-1 (Fiancée) Visa?
  
• What are the requirements for me to apply for a K-1 Visa?
  
• How do I apply for the K-1 Visa?
  
• Can’t I bring my fiancée to the U.S. on a tourist visa, and then decide whether to get married?
  
• Can’t I marry my fiancée in her country, and then bring her to the U.S. as my wife?
  
• How long does it take to get a K-1 visa?
  
• What is IMBRA, and does it affect my case?
  
• Do I need an attorney to obtain a K-1 visa for my fiancée?

What is a K-1 (Fiancée) Visa?

If you are a U.S. citizen, and you wish to marry a foreigner and bring her to the U.S. to become your wife, then a K-1 visa allows you to bring your fiancée here to get married. The K-1 Visa is sometimes referred to as a “fiancée visa”. Once your fiancée arrives in the U.S. on the K-1 visa, you have 90 days to get married. Once you get married, your fiancée (now wife!) must apply to the USCIS for her Green Card before the 90 days expires [hence, you have 90 days both to get married, and for your wife to apply for her Green Card]. If you do not get married, then your fiancée must leave the U.S. upon expiration of the 90 days.

What are the requirements for me to apply for a K-1 Visa for my fiancée?

1. You must be a U.S. citizen;
   
2. You must have met your fiancée within the past 2 years;
   
3. You and your fiancée must be legally free to marry (i.e. single or divorced);
   
4. You and your fiancée must have a serious intention to marry within 90 days of your fiancée’s arrival in the U.S.
   
5. You must meet minimum financial requirements;

How do I apply for the K-1 Visa?

It is essentially a two-step process, where you first file paperwork with the USCIS in the U.S., and then your fiancée fills out paperwork and goes for an interview in the U.S. consulate in her native country.

1. You apply for the K-1 Visa for your fiancée in the United States, by filling out the appropriate forms (I-129F) and supporting documents, and sending them to a USCIS Service Center.
   
2. Once the petition is approved, it is forwarded to the National Visa Center for review.
   
3. Once approved there, the file is forwarded overseas to the U.S. consulate in your fiancée’s native country. Additional paperwork is sent to your fiancée, and once she has completed these forms and taken a medical test, she is called into the consulate for an interview.
   
4. If she passes the interview, the K-1 Visa is issued (usually within 1 day to 1 week).
   
5. Your fiancée is then allowed to travel to the U.S. to marry you, and once in the U.S., the two of you have 90 days to marry, or your fiancée must return to her native country.

Once you have married your fiancée (your marriage must occur within 90 days of her entry into the U.S.), then the two of you file a petition with the USCIS to get a Green Card for her [this process is referred to as an “adjustment of status”—your wife goes from a K-1 visa holder to a LPR (legal permanent resident)]. This petition for a Green Card must be filed within 90 days of the time your fiancée enters the U.S.

Can’t I bring my fiancée to the U.S. on a tourist visa, and then decide whether to get married?

No, this probably won’t work, for two reasons:

1. First of all, it can be exceedingly difficult for single women from most countries in the world to obtain tourist visas to visit the U.S. If your fiancée applies for and is denied a tourist visa, this can complicate any further visa applications.
   
2. If your fiancée did manage to get a tourist visa and come to the U.S. and marry you, the USCIS might regard this marriage as the result of  visa fraud—subjecting your fiancée/wife to deportation proceedings.

It is much simpler and safer to opt for the K-1 route.

Can’t I marry my fiancée in her country, and then bring her to the U.S. as my wife?

Yes, this is possible. If you follow this alternative, you would marry your fiancée in her native country, and then apply for a K-3 visa for her to come to the U.S. as your wife [please see the sections on our website regarding K-3 visas]. However, this would probably prove to be a bit more cumbersome and time-consuming than obtaining a K-1 visa, and would probably involve longer periods when you would be separated—you in the U.S., your new wife in her native country—waiting for the USCIS to process and approve her visa. There are two reasons for this: (a) a K-3 visa involves having TWO separate petitions filed with the USCIS, whereas a K-1 visa involves just one petition; (b) You could not apply for the K-3 visa until you were already married—and the logistics of arranging for this would probably take several months.

Hence, if you are planning the procedure from the beginning, it is quicker, and therefore preferable in most respects to pursue a K-1 visa for your fiancée.

How long does it take to get a K-1 visa?

This depends on a number of factors, including which USCIS Service Center handles your petition, and in which foreign country your fiancée will be interviewed. However, in general, one can realistically expect to obtain a K-1 visa in from 4 to 6 months.

What is IMBRA, and does it affect my case?

The International Marriage Broker Regulation Act (IMBRA) became law in 2006. There are two instances in which IMBRA would require that you seek a waiver before proceeding with your K-1 petition: (a) if you have filed 2 or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within 2 years prior to the filing of your present petition; or (b) if you have been convicted of certain violent crimes. If either of these situations pertain, it is possible to seek a waiver, and continue with a new petition. If IMBRA seems to affect your case, please contact us to discuss the situation and the possibility of seeking a waiver.

Do I need an attorney to obtain a K-1 visa for my fiancée?

It is not required that you have an attorney when you file the petition for a K-1 visa for your fiancée, but it is highly advisable to hire an attorney.

To navigate your way through the K-1 process, you have to fill out many forms. As a non-attorney, you will likely be unsure which forms to fill out, and exactly how to fill them out. You may read and reread the instruction, and think you understand . . . and yet some doubt may remain because you’ve never done this before. If you make any mistakes or omissions, then your case will be delayed, possibly for months, and you may even meet with a denial from the USCIS, which would require you to start all over again. During any delay, you will most likely be separated from your fiancée, creating a sense of intense anxiety and even despair.

If you hire an attorney, you are benefiting from his/her experience—attorneys handle cases like this day-in and day-out, and know exactly what to do to help you get the visa for your fiancée. In the vast majority of cases, it is well worth the money to hire an attorney.

K-3 FAQ:

• What is a K-3 Visa?
  
• What are the requirements for me to apply for a K-3 Visa?
  
• How do I apply for the K-3 Visa?
  
• What happens after my wife comes to the U.S.?
  
• What is IMBRA, and does it affect my case?
  
• Do I need an attorney to obtain a K-3 visa for my fiancée?

 What is a K-3 Visa?

Foreign spouses of U.S. citizens, and the spouse’s children, can come to the United States on a K-3 (for the spouse) and K-4 (for the children) visa, and wait in the U.S. to complete the immigration process.

This involves a two-step process: (a) You file a petition to secure an immigrant visa (a so-called Marriage Visa, based on a I-130 petition) for your spouse and children—this can take well over a year to be granted; (b) in the meantime, you also file a petition for a K-3 visa (based on a I-129F petition), so that your spouse can come to the U.S. to join you, and wait for approval of the immigrant visa.

So, strictly speaking, the K-3 visa is an expedited means for your wife (and children) to join you in the U.S. to wait for your wife’s Marriage Visa to be granted by the USCIS.

What are the requirements for me to apply for a K-3 Visa?

1. You must be a U.S. citizen;
   
2. You must be legally married to your wife.

How do I apply for the K-3 Visa?

You need to file two petitions:

1. First, you file a Form I-130 Immigrant Petition for Alien Relative, with all necessary supporting documentation. This is filed with the USCIS Office in your region of the U.S.;
   
2. Once you are notified that the USCIS has received the Form I-130 petition, you then file a Form I-129F petition (this is the K-3 component), also with the USCIS;
   
3. Once the I-129F petition is approved, it is forwarded to the National Visa Center for review.
   
4. Once approved there, the entire file is forwarded to the U.S. consulate in the country where you were married, or, if you were married in the U.S., to the consulate located in your wife’s native country. More paperwork is sent to your wife, and once she has completed these forms and taken a medical test, she is called into the consulate for an interview.
   
5. If she passes the interview, the K-3 Visa is issued (usually within 1 day to 1 week).
   
6. Your wife (and children) are then allowed to travel to the U.S.

What happens after my wife comes to the U.S.?

Once your wife comes to the U.S. on her K-3 visa, she can travel freely and work. She will have a 2-year period to apply for her Green Card.

What is IMBRA, and does it affect my case?

The International Marriage Broker Regulation Act (IMBRA) became law in 2006. If you have been convicted of certain violent crimes, then you would have to seek a waiver before proceeding with a K-3 petition. If IMBRA seems to affect your case, please contact us to discuss the situation and the possibility of seeking a waiver.

Do I need an attorney to obtain a K-3 visa for my fiancée?

It is not required that you have an attorney when you file the petition for a K-3 visa for your fiancée, but it is highly advisable to hire an attorney.

To navigate your way through the K-3 process, you have to fill out many forms. As a non-attorney, you will likely be unsure which forms to fill out, and exactly how to fill them out. You may read and reread the instruction, and think you understand . . . and yet you cannot be sure because you’ve never done this before. If you make any mistakes or omissions, then your case will be delayed, possibly for months and months.

If you hire an attorney, you are benefiting from his/her experience—they handle cases like this day-in and day-out, and know how to handle your case. In most cases, it is well worth the money to hire an attorney.

Contact us about your visa today!