USA Marriage Visas

Fiancé/Fiancée – Marriage Visas

K-1 visa

K1 visas are issued by the US Consulate to the fiancé/fiancée of a United States citizen. It is a temporary visa that requires the foreign fiancé/fiancée to contract marriage with the US citizen within 90 days of entry into the United States. The US citizen is required to file a temporary residence petition (K-1/I-129F petition). On the approval of the petition, the foreign fiancé(e) files an application for a K-1 visa. Once in the United, an adjustment of status to permanent residence should be effected once a marriage has taken place.

In order to obtain temporary migration to the USA by law, the couple must provide evidence that they have physically met within the last two years, unless religious principles prevent them from meeting each other before the wedding. Types of proof that may be submitted for these purposes are relatively flexible and can include letters, emails, phone bills and photographs of the couple together. 
Under US immigration law, the US citizen must establish that he is a United States citizen and the couple must prove that they are free to marry.

The K-1 visa ultimately culminates in US migration and green card status once marriage and adjustment of status have been properly effected.

K-3 visa

To reduce the separation immediate family members of US citizens may experience while waiting abroad for an immigrant visa, the then Immigration and Naturalization Service introduced the K-3 non-immigrant (temporary) visa. K3 visas are specifically issued to spouses of a US citizens abroad pending the processing of an immigrant visa.

This visa status allows the foreign national spouse to enter the United States as a non-immigrant, unite with the American spouse in the US and then adjust status to permanent residence immigrant whilst in the United States.

The K-3 visa classification, itself, does not confer immigrant green card (permanent residence) status and is not similar to the green card lottery process. To obtain immigrant status, the K-3 non-immigrant must file the form I-485 (Application for adjustment to permanent residence). 

Children under 21 years of age may apply for derivative visas known as K-4 visas.

The K-3 petition and visa application is not mandatory. A petition and application for immigrant status may be filed without an additional K-3 process. However, the K-3 visa status is designed for the more expeditious entry of the foreign spouse into the US in the interest of family unification. 

K-3/4 non-immigrants may apply for authorization to work in the USA whilst awaiting their immigrant status. 

Please do not hesitate to contact us for advice on K-1, K-3, Green Card and US citizenship.

Solutions in Law helped us get our K-1 visa. Throughout the entire process, they were really helpful and gave us immense confidence. They were always very approachable and friendly and were able to answer all of our questions professionally and promptly. I have no doubt that the process would not have gone anywhere near as smoothly without their assistance.

- John Warner (K-1 (Fiancé) Visa: Non-Business Category)

"Your company’s professionalism was apparent and unquestionable from day 1. It was extremely important for me to obtain my work visa in the States and after a previous failed attempt my confidence was once again restored when we contacted and met with yourselves. The service our company received was efficient, coherent and a very personal one and without your help, guidance and assistance I wouldn't have been able to achieve my goal and relocate to the States. We will always appreciate your hard work and persistence!"

The client preferred to withhold contact details
For personal advice please contact Solutions In Law Ltd for a consultation with one of our USA immigration lawyers.

020 7268 4859

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