K1 Visa: Fiancé/Fiancée
An American citizen desiring to have their foreign fiancé(e)s enter the United States to marry and live may do so by obtaining approval of a Petition for Alien fiancé(e). This petition must be filed within the United States and can not be filed through an embassy, consulate or an immigration office abroad. Once approved, the application is sent to the National Visa Center to perform security checks. The National Visa Center will forward it to the U.S. embassy consulate of your fiancé’s home country for further processing.
Immigrant Visa for a Spouse of a U.S. Citizen
American Citizens wishing to bring their foreign spouses to reside within the United States can do it through an Immigrant Visa for a Spouse of a U.S. Citizen (IR-1 or CR-1) or a Non-Immigrant Visa for a Spouse (K-3).
K3 / K-3 Visa: Non-Immigrant Visa for a Spouse
Spouses of U.S. Citizens, along with the spouse’s children, are eligible to enter the United States and remain in the country to complete their immigration process on non-immigrant visas (K-3 and K-4). K-4 visas are issued to a child only after the parent has obtained a K-3 visa or is in K-3 status. The application for a non-immigrant visa for spouse (K-3) must be filed in the country where the marriage took place, because it is there that the visa must be issued. After the spouse has completed the visa process and obtained the visa, the spouse is able to travel to the U.S. to wait for the immigrant visa case to be processed. This process requires two petitions:
Petition for Alien Relative, Form 1-130
Petition for Alien Fiancé(e), Form I-129F
V Visa: Family Relative
The V nonimmigrant visa category allows spouses and minor children of lawful permanent residents to stay and work in the U.S. while their alien relative petitions are pending or processing. To qualify, the alien relative petition must have been filed on or before December 21, 2000.
Contact us today to schedule initial consultation concerning your particular situation and visa needs.