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
- The K-1 fiance must enter the U.S. solely to get married to the U.S. citizen petitioner.
- The K-1 fiance must marry the U.S. citizen petitioner within 90 days of entry.
- 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
- The U.S. citizen files Form I-129F with US Citizenship and Immigration Services (USCIS) in the U.S.
- The USCIS forwards the approved petition to the U.S. Consulate abroad.
- The U.S. Consulate issues the K-1 visa.
- 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
- The U.S. citizen petitioner files the Form I-130 immigrant visa petition with USCIS in the U.S
- 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.
- The USCIS forwards the approved Form I-129F petition to the U.S. Consulate abroad.
- 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).
- 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.