Immigrant Visas: Fiancé Visas (K-1 & K-3 Visas)
A K-1 visa is a non-immigrant visa which you may obtain if you intend to marry someone in the United States. It can easily be converted into Legal Permanent Residency once you are married. Both members of the couple must be single, of legal age, and have meet and seen each other in person within the past two years, and have an intention to marrying within 90 days of entering the U.S. There are four conditions to getting the fiancé visa:
- petitioner must be a U.S. citizen
- both members of the couple are legally able to marry
- the foreign must have a genuine intention to marry the petitioner, and
- the couple has meet before marriage
Getting a K-1 visa is a two step process.
Step One: I-129 Petition
Filed by your U.S.– fiancé to prove three things:
- intention to marry within 90 days after you arrive
- couple is legal to marry
- have met within two years
An approved petition is only a prerequisite to step two, and does not give you any immigration benefits.
Step Two: Application
Once the I-129 is been approved in the United States, it is sent to your home consulate. Completion of the application, including special consulate forms must be carried out at your home consulate.
K-3 visa issued to spouses of U.S. citizen. K3 is different insofar as the sponsor and beneficiary marry before entering the United States and may file the I-130 Petition for Alien Relative immediately afterwards. It is generally for those who wish, or need to, marry in the home country prior to entering the United States. It also gives the couple 2 years to seek adjustment of status; this is helpful in the event that the beneficiary wishes to temporarily leave the U.S. prior to adjustment, since the visa is good for 2 years of temporary travel.
K-4 visas are issued for children of K-3 holders.
