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)
Visas
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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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