Fiances (K-1 Visa)

A U.S. citizen may sponsor a fiance for
a K-1 visa to enter the U.S. to marry within 90 days and file for adjustment
of status to legal permanent residency.

Requirements

  1. The K-1 fiance must enter the U.S. solely to get married to the U.S. citizen petitioner.
  2. The K-1 fiance must marry the U.S. citizen petitioner within 90 days of entry.
  3. The petitioner and the beneficiary must have previously met within two years of filing the petition. There is a waiver when there is extreme hardship or long established customs explaining the failure to meet.

Minor Children

Minor children can accompany the K-1 fiance parent as K-2s.

Procedures

  1. The U.S. citizen files Form I-129F with US Citizenship and Immigration Services (USCIS) in the U.S.
  2. The USCIS forwards the approved petition to the U.S. Consulate abroad.

Minor Children Procedures con't

  1. The U.S. Consulate issues the K-1 visa.
  2. The K-1 fiance enters the U.S., marries and files the application to adjust status within 90 days.

Spouses (K-3 Visa)

A U.S. citizen may sponsor a spouse abroad for K-3 visa. This is used where the processing for the Form I-130 immigrant visa petition is taking too long.

Requirements

1.The K-3 spouse must file the application to adjust status within 90 days of entering the U.S.

Minor Children

Minor children can accompany the K-3 parent as K-4s. A separate visa petition is not filed for minor children.

Procedures

  1. The U.S. citizen petitioner files the Form I-130 immigrant visa petition with USCIS in the U.S
  2. The U.S. citizen petitioner files the Form I-129F with the USCIS in the U.S. with proof of the filing of the Form I-130.

Spouses Procedures con't

  1. The USCIS forwards the approved Form I-129F petition to the U.S. Consulate abroad.
  2. The U.S. Consulate issues the K-3 visa (if the Form I-130 is approved while the K-3 visa petition is pending, then the K-3 beneficiary may opt to continue the K-3 processing).
  3. The K-3 spouse enters the U.S. and files the application to adjust status based on marriage to the U.S. citizen petitioner and within 90 days of entering the U.S.

 

If you are a US citizen, you may bring your foreign spouse or fiancé to live in the United States. Call Attorney Monique Kornfeld for assistance in filing the appropriate petitions: 617-323-5049.