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K1 Fiancee Visa - K3 Spousal Visa: Frequently Asked Questions
K1 Fiancee Visa - K3 Spousal Visa Questions & Answers

How long will it take K1K3VISAS.COM to start working on my petition? We’ll begin immediately after receiving your information packet.

Do I need to fill out any forms for the USCIS?
No, we will fill out all the forms for you mistake free.

Should I hire an attorney to process a K1 or K3 Visa?
You can if you wish to pay more for a visa and adjustment of status. The attorneys cannot get your petition approved any faster than any one else even though they may say they can. Fact is the USCIS will not accept additional fees to expedite your approval. We are visa specialists trained by attorneys to give you superior service at a reasonable price.

How will I know if my birth certificate or divorce decree is sufficient? We will inspect all documents to verify compliance with USCIS requirements.

Can I do this myself by use of a visa kit?
The USCIS paper work process is very complicated. If your forms are not prepared correctly you can expect long delays and possible denial of your petition. In some cases relationships will suffer. Fiancee or spousal kits are not a suitable replacement for expert service.

How will I prove I met my Fiancee?
We’ll work with you to ensure that the evidence of your relationship clearly supports your petition.

Do you send in original birth certificates, passports?
No, good clear copies are acceptable.

Where do you get documents notarized?
Bank, Credit Union, Real Estate offices generally have a notary.

How do you know when your petition is approved?
 The U.S. citizen will receive I-797 Notice of Action from the U.S.C.I.S. which is the approval notice.

How long is K3 status good for?
Two years after entry in the United States.

If I am a permanent resident, not a U.S. citizen can I apply for a K1 Fiancee Visa or K3 Spousal Visa?
No, you must be a U.S. citizen.

Do you have to have a religious marriage ceremony to be considered legal?
If the marriage is considered legal in the country it was performed, the U.S. will consider it legal. It does not matter if the marriage was a civil or religious marriage.

How long after approval of the petition does my fiancee wait to get the paper work from the National Visa Center?
This can take some time. The U.S.C.I.S. will send the approved petition information to the National Visa Center for transmittal to the Consulates. The Foreign consulate will forward the paper work to the consulate nearest your fiancee.

The following questions depend on your circumstances:

How do I know if I should submit a fiancee or a spousal visa? How does one obtain permanent residency status? What do you need to file for a fiancée visa? You must be a U.S. Citizen. Permanent residents of the U.S. are not allowed to obtain fiancée visas. You must have met your fiancée in person in the last two years. He/she cannot obtain a visitors visa to visit the U.S. you will have to go to her country to meet her.
How long does he/she have to come to the U.S. after receiving the fiancée visa? He/she will have six months to come to the U.S. on a fiancée visa. Once they are in the U.S. you will need to marry with in 90 days. If you do not marry with in the 90 day time limit he/she will have to back to their country.


Why shouldn’t I do the paper work myself?
The general feeling of the fiancée visas inside the USCIS is negative. They don’t always turn down visas, they use any minor error or omission in the completition of the paper work submitted to them, they hold on to the paper work for months and then return it with a cover sheet telling you what you did wrong or didn’t complete. We know what is required and expected by the USCIS to avoid delays.

My Fiancée is already here in the U.S. can we file for a K1 fiancée visa or get married and she stay in the U.S.?
Just because your fiancée is here doesn’t mean he/she can remain in the U.S. with out first returning to home. There are many U.S. citizens married to foreigners who reside all over the world, outside the U.S. The marriage itself is not a ticket to the United States. Immigration processing is still required. Marriage to a U.S. citizen forms a basis for immigration processing, but that process is still required and must be done correctly before the foreign fiancée or foreign bride can reside lawfully in the U.S. on a permanent basis.
If the foreigner entered the United States on either a K1 fiancée visa or K3 spousal visa, then the foreigner is welcome to remain in the U.S. and apply to become a U.S. permanent resident green card holder based on a marriage to a U.S. citizen.

 If the foreigner came to the U.S. on any visa other than the K visa, then in most cases it is necessary and proper to return the foreigner home, and then bring her back on either K1 fiancée visa or K3 spousal visa. Each U.S. immigration visa has a particular purpose and you should not run the risk of violating immigration rules and cause problems for your loved one by using a K1 visa or K3 visa for the wrong purpose. In some cases it makes sense to try and process a case stateside rather than sending the foreigner home. Call our office for a free consultation to determine the best course of action to take in your case.


What is a green card?
A green card is a plastic identification card held by a foreigner that is about the size of a credit card. Green cards are no longer green they are now more tan in color. A green card proves the foreigner is a lawful permanent resident of the U.S. A foreigner carries a green card in his or her wallet as form of immigration ID.

Why does the USCIS look for ways to prevent fiancée visas?
USCIS officials think that the fiancée visas are sham relationships, created to get around they system. If they can find an excuse to return your petition for correction or investigation, they are perfectly with-in their rights to do so and are not subject to any criticism. Their goal is not turn down the fiancée visas but to stall and delay the approval long enough so that one or both of you will give up. The usual result is that the fiancée becomes convinced that his/her American fiancée is not serious about marrying and the engagement ends.

Should I apply for a tourist or other type of visa?
 If your fiancée is under the age of 40 years old and never been to the United States or Western Europe he or she will most likely only qualify for the fiancée visa. The chances of he/she obtaining another type of visa is very small. There have been many attempts to get business visas, medical visas, educational visas and others all have failed. Not only did these attempts fail but they increased the time it took to get their fiancées to the U.S. It made it much more difficult for their fiancée’s to obtain the fiancée visas.

Why did the USCIS create the spousal visa?
 In August 2001, they created the spousal visa to help delay long waiting periods for the foreign spouse to immigrate into the U.S. It was almost always a mistake for an American Citizen to marry overseas and then petition to immigrate his foreign bride. It did take up to two years or more to process the immigrant spousal visa. The new K3 spousal visa regulations have helped to shorten the processing time for a spousal visa from years to months. The processing time has been reduced however it still takes several months to process the K3 spousal visa. Even though you are married the USCIS and the US Consulates believe a lot of foreigners want to obtain a green card and live in the U.S. permanently. Immigration officials do not want foreigners to immigrate married or not. Your case is the same as any other case and will be examined in detail.

Can I petition for his/her children to come to United States?
If children are over the age of 18, an overseas marriage to a child’s parent will deny that child the ability to obtain a green card. It is possible for the child to obtain a K4 visa, but child will not be able to obtain a green card as a dependent of the mother. The basis for the child’s green card would be the step parent relationship of the American Citizen, but that relationship must be established through marriage before the child’s 18th birthday.
When the mother enters the US on a K1 fiancée visa it is possible for the unmarried child under 21 years of age to obtain a K2 visa and later a green card.

What is permanent residence?
If your fiancée intends to live and work permanently in the United States, your fiancée should apply to become a permanent resident after your marriage. If your fiancée does not intend to become a permanent resident after your marriage, your fiancée or spouse must leave the country with-in the 90 day original nonimmigrant admission. Your fiancée will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage relationship is less than two years old at the time of adjustment to permanent residence status.

Will my fiancée be able to get a work permit?
 After arriving in the United States your fiancée will be eligible to apply for a work permit. The USCIS may not be able to process the work permit in the 90 day time limit for your marriage. If your fiancée applies for adjustment to permanent resident status, your fiancée must apply again for a new work permit after he/she is married.
Call us at 1.866.750.9020 to process your Fiancée or Spousal Visa (K1 Visa or CR1 Visa)

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Client Testimonial
 

Dear Cynthia,

    
You helped us every step of the way. All your advice was accurate and helpful, and your service always prompt and courteous. All documents your firm prepared were accepted by the US consulate immediately.

As an attorney, I always appreciate professional skill and I think your reasonable prices and expertise are the best in this field.

Best regards,

David C.
Attorney
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Service Updates Immigration Visas Logical Network
K1 Visa Requirements:
You are a U.S. citizen and you have met your fiancée (not on skype or web camera) in person with in two years.
You and your fiancée both have a sincere intent to marry each other with in 90 days of your fiancée's arrival in the U.S.
You can meet the minimum income requirement for the K1 Fiancée Visa.
PLEASE CALL: toll free number 1.866.750.9020 or email us
info@k1k3visas.com
FIANCEE VISA SPOUSAL VISA
We are specialists in the processing of the following immigration visas:
K1 Fiancee Visa
K3 Spousal Visa
K2, K4 Children Visa

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K1 Visa Requirements | K1 Fiancee Visa Forms | K1 Visa Question and Answers
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