THE HOLT LAW GROUP

K: Fiancée/Marriage Visas

An individual who is a citizen of a foreign country and is to marry a U.S. citizen may be eligible to receive the K-1 visa. The purpose is to help American citizens and their fiancées meet and marry in the U.S. rather than in the foreign country. Once the K-1 is issued a fiancée enters the U.S. and is expected to marry within 90 days.

If intentions to marry change the fiancée must return back to his or her country. The individual fiancée will lose legal status if they overstay and may not change to another non-immigrant visa status. In order to remain in the U.S. the individual must marry and then file an application with the CIS in the U.S. to be classified as an immediate relative of a U.S. citizen.

Application Process:

US citizens file applications for classification of the alien as a K-1. The application needs supporting documentation establishing the relationship to the U.S. citizen and proof of a planned marriage. Approvals are sent to the alien.

The application is made by the fiancée at the U.S. Consulate in the home country of the fiancée. The K-1 visa is issued and the fiancée is eligible to enter the U.S.

The fiancée is eligible immediately upon entry into the United States for work authorization. An application is made on the appropriate form with the CIS. Work permit is issued for the 90-day period. Upon marriage the parties are eligible for filing for a green card.

The K-3 Visa:

K-3 visas are provided for individuals who married overseas to U.S. citizens. Once the marriage occurs the spouse cam be issued the K-3 visa and then permitted to enter the U.S. and apply for adjustment of status in the U.S. An application is initially made in the U.S. to qualify the K-3 for visa issuance. Once in the U.S. an application for permanent residence must be made.