Marriage
Tanya M. Lee happily assists couples with fiance and spouse visas and adjustment of status, having personally prepared all of the paperwork to immigrate her (now) husband to the U.S. via the fiance visa, including the fiance petition, consular visa application, adjustment of status, Employment Authorization Document, Petition to Remove the Conditions of Residence, and Naturalization (Citizenship). Following are some Frequently Asked Questions about the K-1 Fiance/Fiancee Visa and the K-3 Spouse Visa. Please contact us today with questions about your particular case.
What is a K-1 visa?
A K-1 visa allows the fiancé(e) of a US citizen to enter the United States in order to get married to the US citizen in the US.
What are the eligibility requirements for a K-1 visa?
The U.S. citizen petitioner and foreign national beneficiary must:
1) Have met in person within two years of filing the petition (except in certain circumstances);
2) Have a bona fide intention to marry; and
3) Get married in the United States within 90 days of the fiancé(e)’s arrival.
When can the personal meeting requirement be waived?
The couple can file a waiver of the requirement that they have personally met in the following circumstances:
1) When the requirement would result in extreme hardship to the petitioner, or
2) When the requirement would violate strict customs, such as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting prior to the wedding day.
3) When it is impractical or impossible to comply with the requirement due to reasons such as when the petitioner has personal health problems and is prevented from traveling.
How does the couple prove a bona fide intention to marry?
United States Citizenship and Immigration Services, or USCIS (where the fiance petition is filed) and the Department Of State (which interviews the foreign national for the visa at the U.S. Consulate in the foreign national’s country of residence) needs to be convinced that the couple has a real desire to get married. The following documentation is should be submitted:
Photos showing the parties together within the prior two years
Letters or email correspondence
Telephone records
Receipts, especially those for an engagement ring, deposits on wedding reception, catering, etc.)
Documentation of wedding plans (invitations, venue of wedding, wedding reception, limousine, etc.)
Other similar types of evidence
How long does the K-1 visa process take?
From the time that the case is filed with USCIS, it can take anywhere between 5 – 10 months until the beneficiary receives the approved visa stamp at the US consulate abroad.
What happens after the foreign national fiance(e) arrives in the US?T
The couple must get legally married in the U.S. within 90 days of the fiance(e)’s arrival in the U.S. After the couple has married, the US citizen spouse must file an immigrant visa petition and the fiancé(e) must file an application to adjust status to a permanent resident. The couple will most likely have to appear for an interview to prove the bona fide marital intent in order for the foreign national to secure permanent resident status (i.e., green card).
How long will it take to get the green card?
From the time that the adjustment application is filed with USCIS, it can take anywhere between 5 – 10 months until the green card is issued.
Can the foreign national work while waiting for the green card?
A foreign national with a fiance(e) visa can immediately apply for an Employment Authorization Document (EAD or work permit) after entry to the U.S. It generally takes 90 days to receive the EAD, which coincides with the 90 day deadline for marriage. Once the EAD has been received, the foreign national can work even while waiting to adjust status to permanent resident.
After the green card is received, what else needs to be done?
Because Legal Permanent Resident (LPR) status was obtained prior to the second anniversary of the couple’s marriage, the foreign national’s permanent residency will be conditional. This means that the green card is only valid for two years and prior to the expiration of the card, another petition must be filed to remove the conditions of the permanent residency. At this stage, the foreign national must again prove the marriage was entered into in good faith.How
When is the foreign national spouse eligible to become a naturalized U.S. citizen?
A foreign national married to a U.S. citizen can apply for naturalization (citizenship) 90 days prior to the third anniversary of LPR status (i.e., issuance of the green card).
About the K-3 Spouse Visa
A K-3 visa allows the spouse of a US citizen to enter the United States in order to adjust status to a Permanent Resident (Green Card) while in the US. Obtaining a K-3 visa allows the married couple to be together while the foreign spouse adjusts status instead of having to wait for an immigrant visa at the embassy abroad.
Who is eligible to receive a K-3 visa?
To be eligible, it has to be shown that:
1) The spouses are legally married;
2) The US citizen has filed an immigrant visa petition on behalf of the foreign spouse; and
3) The foreign spouse is the recipient of an approved K-3 visa petition.
How long does the K-3 visa process take?
From the time that the case is filed with USCIS, currently it can take anywhere between 5 – 10 months until the beneficiary receives the approved visa stamp at the US consulate abroad.
What happens after the foreign national spouse arrive in the US?
After the foreign national spouse arrives in the US, the beneficiary must file an application to adjust status to a permanent resident.
How long will it take to get the green card?
From the time that the adjustment application is filed with USCIS, it can take anywhere between 6 – 10 months until the green card is issued.
After the foreign national spouse gets my green card, what else needs to be done?
If LPR status was obtained prior to being married for more than two years, permanent residency will be conditional. This means that the green card is only valid for two years and prior to the expiration of the card, another petition must be filed to remove the conditions of permanent residency. At this stage, the couple must again prove that the marriage was entered into in good faith. On the other hand, if LPR status was obtained after being married to the US citizen spouse for more than two years, the foreign national will become a regular LPR with a green card validity of ten years.
When is the foreign national spouse eligible to become a naturalized U.S. citizen?
A foreign national married to a U.S. citizen can apply for naturalization (citizenship) 90 days prior to the third anniversary of LPR status (i.e., issuance of the green card).
