The K3 visa allows spouses of U.S. citizens to enter the U.S. in a nonimmigrant visa category while they wait until they are able to receive lawful permanent residence status. The government closely scrutinizes all related applications, petitions and visas—in fact, the paperwork required for the K3 visa process is almost twice that required for a fiance(e) visa.

Before applying for the K3 marriage visa, the U.S. citizen spouse must file form I-130 on behalf of the foreign spouse with the USCIS that has jurisdiction over their place of residence. The I-130 is an application for lawful permanent residence status, or a green card. Even when a I-130 petition has already been filed, obtaining a K3 can reduce the time it takes to get a spouse into the country by two years or more. Generally, the K3 visa time line is shorter than just a marriage-based immigration visa petition.

A K3 visa can only be obtained by the spouse of a United States citizen, and where the foreign spouse is from and where the overseas marriage took place can impact the K3 visa process. One of the major benefits of the newly created K3 is that, instead of having to wait outside the country as the law previously required, a spouse can remain in the United States while awaiting approval of form I-130. All unmarried children under the age of 18, prior to the marriage between the United States Citizen and the foreign beneficiary who wish to accompany or join the spouse in the U.S. can apply for K4 visas.

We’ll work with you to navigate the bureaucratic red flags and loopholes and assist you in avoiding the mistakes that lead to lengthy delays and denials.

The K1 visa enables U.S. citizens to bring their foreign fiance(e) to the United States in order to get married-but it is only a single step in a procedure for obtaining permanent residency (a green card) based on a marriage to a U.S. citizen after entry

First, a petition must be filed on behalf of your fiance(e) with United States Citizenship and Immigration Services. After the petition is approved, your fiance(e) must obtain a visa issued at a U.S. embassy or consulate abroad. Your fiance(e) must enter the U.S. within six months of the issue date of the K1 visa and the marriage must take place within 90 days of your fiance(e) entering the United States, or they will be required to leave the country. A K1 visa allows your fiance(e) to enter the country only one time; if they leave the country before you are married, they may not be allowed into the United States without a new visa.

There are a number of stringent guidelines in place to protect the fiance(e) and the United States as follows:

1. First and foremost, you and your fiance(e) must be unmarried or your previous marriages must have ended via divorce, annulment or death.

2. You must also have met with your fiance(e) in person within the last two years before filing for a K1 fiancee visa or K1 fiance visa. In addition, if you have filed two or more K1 visa petitions at any time in the past, or previously had a K1 fiancee or K1 fiance visa petition approved within the past two years of filing for another K1, you must apply for a waiver.

Your fiance(e) is considered a nonimmigrant-a foreign national seeking to temporarily enter the United States for a specific purpose-until the marriage takes place. Initially, your fiance(e) will receive conditional permanent residence status for two years. If your fiance(e) intends to live and work permanently in the U.S., they should apply to become a permanent resident following the marriage. You may also apply to bring your fiance(e)`s unmarried children to the United States, provided they are under 21 years of age.

If your petition for a K1 visa is denied, you may appeal within 33 days of receiving the denial by mail. As your K1 visa attorney, Ahmad Law Offices, will guide you through every step of the K1 visa process, ensuring that you receive your visa in the shortest time possible, with as few problems as possible.

Foreign brides can enter the U.S. first as a fiance, and then seek to get married within 90 days, or they may marry abroad in the presence of their U.S. Citizen spouse and then enter on a K3 visa. Advanced Immigration Law Group has handled hundreds of cases of Foreign brides or husbands from countries including China, Indonesia, South America, Russia, Ukraine, India, Pakistan, U.K (Great Britain), Australia, Poland, etc.