Choosing Between a K1 and K3 Visa

The choice between a K1 and K3 visa depends on the specific circumstances of the couple. Victoria Law can help advise you as to which of these visas, if any, is appropriate in your specific circumstances.

K1 Visa: The Fiancé(e) Visa

The K1 visa, commonly referred to as the fiancé visa, allows a foreign fiancé(e) of a U.S. citizen to enter the United States with the intention of marrying their U.S. citizen sponsor within 90 days of arrival.

To be eligible for a K1 visa, the following requirements must be met:

1. The petitioner must be a U.S. citizen.

2. Both the petitioner and the fiancé(e) must intend to marry within 90 days of the fiancé(e)'s arrival in the U.S.

3. Both parties must be legally free to marry, with any previous marriages legally terminated through divorce, death, or annulment.

4. The petitioner and the fiancé(e) must have met in person at least once within a 2-year period before filing the application. A waiver may be requested if meeting in person was impossible due to extreme circumstances, religious practices, cultural customs, or other valid reasons.

5. The couple must provide evidence of a genuine and bona fide relationship.

6. The petitioner's income must meet at least 100% of the Federal Poverty Guidelines. If the income falls below this threshold, a supplemental Form I-864 or Form I-864A must be submitted along with the application.

To apply for a K1 visa, the U.S. citizen sponsor must file Form I-129F, Petition for Alien Fiancé(e), with USCIS (United States Citizenship and Immigration Services). The application will undergo eligibility verification by USCIS and then be forwarded to the DOS (Department of State) National Visa Center (NVC) for further processing. If approved, the application will be sent to the U.S. embassy or consulate nearest to the fiancé(e)'s location.

Once at the embassy or consulate, the fiancé(e) must apply for a K-1 visa by completing Form DS-160 and all the corresponding fees must be paid.

During the interview for the K1 visa, the fiancé(e) will be asked questions about their relationship, background, and future marriage plans. If the embassy or consulate determines that the relationship is genuine and there are no concerns of fraud, they will approve the K1 visa. The visa is valid for up to six months and can only be used once for entry into the United States.

After the marriage takes place, the fiancé(e) can apply for Adjustment of Status, also known as a green card, by filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with the required fees. At Victoria Law, our dedicated and knowledgeable attorneys can help you throughout this entire process. Do not hesitate to contact us today, we look forward to serving you.

K3 Visa: The Spousal Visa

The K3 visa allows the spouse of a U.S. citizen to enter the United States temporarily while awaiting their permanent residency (green card). Typically, couples who are already married abroad and wish to settle in the U.S. opt for the K3 visa.

Before considering the K3 visa, it is advisable to explore faster and more efficient alternatives, as the K3 visa process can be lengthy and complex.

To be eligible for a K3 visa, the following criteria must be met:

1. The spouse must be the legal spouse of a U.S. citizen. Spouses of U.S. green card holders do not qualify.

2. The foreign spouse must currently reside outside the United States.

3. The U.S. citizen spouse must have filed Form I-130, Petition for Alien Relative, on behalf of their spouse and be awaiting a decision from USCIS.

4. The U.S. citizen spouse must meet specific income requirements, with the most recent tax return demonstrating an adjusted gross income of at least 100% of the Federal Poverty Guidelines. If this requirement cannot be met, an "affidavit of support" must be filed.

5. Biological or adopted children of the foreign spouse who will also travel to the United States on a K-4 visa must be unmarried and under 21 years old.

To apply for a K3 visa, two petitions must be filed in the country where the marriage took place: Form I-130, Petition for Alien Relative, and Form I-129F, Petition for Alien Fiancé(e). The completed forms must be accompanied by relevant documentation. Additional documents required include a valid passport, a medical examination report, a certified and translated marriage certificate, a birth certificate, any criminal or court records, and proof of financial ability to support oneself and one's family in the U.S.

The K3 visa interview takes place after the approval of Form I-129F by USCIS. The applicant must attend the interview in person at the nearest U.S. embassy or consulate. During the interview, an officer will review the application and ask questions pertaining to the application, relationship, and marriage. The decision on the request for a K3 visa is usually communicated on the same day or by the end of the following day.

Commonalities Between K1 and K3 Visas

Both the K1 and K3 visas share several common characteristics:

1. They are non-immigrant visas.

2. Form I-129F is used for the visa application process.

3. Both visas represent steps towards living in the United States.

4. Both visas can lead to lawful permanent residency (green card) acquisition.

5. They facilitate the immigration of loved ones, including spouses and their children, to the United States.

6. Initially, both K1 and K3 visa holders may receive a conditional green card, which can be removed upon application.

Key Differences Between K1 and K3 Visas

Now, let's explore the specific differences between the K1 and K3 visas:

1. The K1 visa is for couples who are engaged and plan to marry within 90 days of the fiancé(e) entering the U.S., while the K3 visa is for spouses who are already married to a U.S. citizen.

2. The K1 visa does not require an immigrant petition (Form I-130), whereas the K3 visa necessitates the filing of Form I-130.

3. The K1 visa is valid for a single entry into the United States, whereas the K3 visa allows multiple entries with proper documentation, enabling travel and work.

4. Children of K1 visa holders can adjust their status without filing Form I-130, whereas children of K3 visa holders must file a separate Form I-130.

5. K1 visa holders need to change their status to obtain a green card once their forms are approved, whereas K3 visa holders can choose between adjustment of status or consular processing.

At Victoria Law, our dedicated and knowledgeable attorneys will help you with this process. Contact us today for a free consultation.