K-1 Visa
The K-1 Visa, also known as the K1 Fiancé Visa, may be used by United States citizens who wish to bring their prospective husbands or wives to the United States with the intention of getting married. Minor children of fiancées can also accompany them to the United States as they can be issued K-2 Visas. The U.S. citizen must file a petition with the USCIS on behalf of the foreign fiancé (e). After the petition is approved, the fiancé (e) can obtain a K-1 Fiancé Visa. The K-1 Visa is issued at a U.S. embassy or consulate abroad. The marriage must take place within 90 days of the fiancé (e) entering the United States.
K-3 Visa
The K-3 Visa was created for spouses of U.S. citizens. Like the K-1 visa, this visa was created to help certain intending immigrants obtain admission to the United States. A spouse of a U.S. citizen is eligible for an immigrant visa. However, the foreign national may wait one (1) year or more for USCIS to approve the I-130 petition and the Department of State to issue the immigrant visa. The K-3 visa was created to expedite the entry of the spouse of a U.S. citizen to the United States.
A foreign national is eligible for the K-3 visa if validly married to a U.S. citizen, the U.S. citizen spouse has filed an I-130 Petition for Alien Relative, and the foreign national is the beneficiary of an approved I-129F Petition filed by the U.S. citizen spouse. After the U.S. consulate issues the K-3 visa, the foreign national may enter the United States. A K-3 visa allows the foreign national to travel in and out of the U.S. multiple times. The K-3 visa also permits the foreign national to work in the United States after applying for and obtaining employment authorization.
When the I-130 Petition for Alien Relative is approved, the foreign national may apply to adjust status to Lawful Permanent Resident.
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