Finance of US citizens? (K-1, K-3)
K-1 Visa
OVERVIEW
The fiancé visa is for couples, who intend to marry in the United States, and one member of the couple is a citizen of the United States, and the other member of the couple is a citizen of a foreign country. The K-1 visa is a 90 day long nonimmigrant visa which allows an immigrant to legally enter into America to be married and prepare a green card application. Fiancé visas cannot be renewed.
ELIGIBILITY
- Intended spouse is a U.S citizen
- Both members of the couple are legally able to marry
- The immigrant must have a genuine intention of marrying the U.S. citizen petitioner after arriving in the U.S.
- The two of members of the intended couple must have met and seen each other in person within the past two years.
PETITION PROCESS
- The citizen fiancé submits I-129F visa petition
- After the I-129 has been approved, submit the forms that the National Visa Center sends
- Interview at the U.S. consulate in the home country
K-3 Visa
OVERVIEW
The K-3 Visa is for legally wedded couples, when one of the spouses is a U.S. citizen, and the other spouse is a citizen of a foreign country. The K-3 allows the non-U.S. citizen to immigrate to the United States to be with his/her spouse, while waiting for a permanent green card. (Same sex marriages are not recognized by immigration law for the purposes of immigration.)
ELIGIBILITY
To be eligible for a K-3 Visa:
- There must be a legal marriage recognized by the state or government where the marriage occurred.
- The marriage must be true, and both parties wanted to be married at the time of the marriage and intend to stay married.
- One of the spouses, is a U.S. Citizen married to a non-resident alien spouse.
- Both spouses are only married to each other and not to any other persons at the same time.
PETITION PROCESS
- The Citizen spouse must file an I-130 and an I-129F.
- If the I-130 is approved there is no longer a need for the K-3 Visa.
- If however, the I-129F is approved first the U.S. Embassy or Consulate will provide specific instructions to proceed with the process.
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