If a U.S. citizen wishes to bring his or her partner to the United States on a marriage or fiancé visa, he or she will need to apply for either a K-1 or a K-3 visa.

The K-1 Visa:

The K-1 can be referred to as the “Fiancé (e)” visa, and is used for couples who are NOT yet married, but plan on getting married. A couple obtaining a K-1 visa will have 90 days of courtship within the U.S. before the wedding must take place. The immigrating partner can reside in the U.S. during this time, which serves to grant the couple time before the upcoming wedding and allows a solidifying of the fiancé’s commitment to one and other.

Because of these requirements and procedures, K-1 visas are typically approved faster than K-3 visas. The single drawback of a K-1 visa is that once the 90-day courtship expires, the foreign partner will be forced to leave the country and proving the relationship as legitimate will become increasingly more difficult.

ADVANTAGES:

• K1 is for you if you cannot travel to your partner’s native country to be married
• The 90 days of courtship grant time to fill out green card applications
• K-1 visas allow one to enter the US more than once
• One has a choice of returning to one’s home country or residing in the U.S. (you need to apply for a green card however), after the marriage ceremony
• Unmarried children under age 21, can accompany you and your fiancé as they will be made K-2 visa holders
• K-1 and K-3 visa holders have the right to use an attorney as their liaison between themselves and government immigration agencies.

The K-3 Visa:

Can be referred to as the “marriage” visa, which should be used if one IS or PLANS on being married IN the foreign partner’s native country, before settling within the United States. If one is married in a foreign country, the K-3 visa is needed, but gives immediate legal U.S. residency as well as granting free travel between the U.S. and the partner’s foreign country. In addition, the K-3 requires little verification of marriage to immigration consultants. The K-3 carries a few disadvantages such as the fact that permission must be granted by the foreign government to get married there (differences in marriage laws can cause problems). The application process requires two petitions instead of one (as in the case of a K-1), and all documents must be translated to the foreign country’s language. Missing even a single document can cause major setbacks and delays, which one should keep in mind, as well as dealing with foreign immigration officers, which can be difficult. In order to avoid these delays our Immigration law team can assist you to move this lengthy process forward in an expedited manner.

The Sacramento Immigration Attorneys of Bowman & Associates have helped clients across Northern California with their immigration issues. If you or someone you know has a question about an immigration issue, contact an Experienced Immigration Lawyer in Sacramento today for your free initial consultation. We are here to help!

Tags: bowman & associates, fiance visa, foreign, green card, Immigration Law, Jesse Atwal, K-1 Visa, K-3 Visa, marriage visa, Sacramento, wedding