K-1 Fiancé(e) Visas:
The K-1 visa is a special, temporary visa for the fiancé(e) of a U.S. Citizen who wishes to get married in the United States. If you are a U.S. citizen, and you wish to marry a foreigner and bring them to the U.S. to become your husband or wife, then a K-1 visa allows you to bring your fiancé/ée here to get married. The K-1 fiancé visa allows a U.S. citizen to bring their foreign fiancé/ée to the U.S. to get married and obtain a green card (adjust status). We have helped many people from around the world re-unite using the K-1 fiancé visa. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States (green card holder).
To obtain this fiancé visa, the U.S. citizen must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign fiancé. The couple needs to satisfy several critical requirements in order to qualify for this visa. Often, detailed proof is required. Because government errors or inadequate proof can cause delays or denials, our experience and knowledge of the law can help keep your immigration application on track. If you have a prospective husband or wife in Canada and wish to bring them to the U.S., we encourage you to contact us. We look forward to hearing from you. Call or email with any immigration questions you have. We are always happy to let you speak directly with a fiancé visa immigration expert.
The fiancé must marry the U.S. citizen that filed for the K-1 fiancé visa within 90 days of entry into the United States. The couple must have met in person within the two years prior to filing. There must be no legal reason that the marriage should not take place: for example, one of the persons is still married to someone else, or the persons are too young. The foreign fiancé/ée must have no criminal, health, or other issues that would prevent them from getting U.S. immigration benefits. You may be eligible to receive a green card as a K nonimmigrant fiancé(e) if you:
- Are the beneficiary of an immigrant visa petition that was filed by a U.S. citizen for their spouse or fiancé(e), or the minor children of that spouse/fiancé(e)
- Have been admitted to the United States as a K Nonimmigrant
- Met the requirement to marry the U.S. citizen fiancé(e) within 90 days of entry, if a K-1 visa holder
- Are eligible to adjust status as the spouse or child of a U.S. citizen, or the minor child of a K-1 visa holder
- Have an immigrant visa immediately available
- Are admissible to the United States
Children of a K-1 Visa Holder
Minor children of the foreign fiancé/ée may accompany them and are issued a K-2 visa. To qualify for a K-2 visa, a child must be:
- Less than 21 years old
- The unmarried child of a K-1 applicant
- Seeking to immigrate to the U.S.
K-1 fiancé/ee visa holders and K-2 minor children are authorized to work after entry to the U.S.. Employment authorization may be applied for prior to the marriage or at the same time as the green card (adjustment of status) application.
K-1 Visa Legal Services
We provide full service representation for filing in the U.S., processing at the consulate in the foreign country, and entering the U.S. We defend against actions and requests for evidence from the government and guide the case through the processing to ensure it is handled properly. Due to the federal nature of immigration law, we serve clients in all U.S. states and throughout the world. Contact us for more information or to start your case.
K-3, CR-1 and IR-1 Visas:
We do not recommend K-3 visas, as Homeland Security is no longer processing K-3 marriage visa petitions. They are processing CR-1 and IR-1 visa petitions, however. The CR-1/IR-1 Visa allows a U.S. citizen to bring their foreign husband or wife to the U.S. to obtain a green card (adjust status to Lawful Permanent Resident status).
A CR-1 visa will be issued by the consulate if at the time of the interview if the couple has been married for less than two years. The IR-1 visa will be issued if, at the time of the interview, the couple has been married longer than two years. Both the CR-1 (CR stands for Conditional Resident) and IR-1 visas (IR stands for Immediate Relative) include the issuance of a permanent Green Card for your spouse soon after they arrive in the United States. The Green Card actually costs less than it did under the previous K-3 spousal visa, and less than the K-1 fiancée visa.
CR-1 and IR-1 marriage visas are for couples that can prove they are both of legal age to marry and free from any previous marriage. You must be a U.S. citizen in order to obtain a CR-1/IR-1 spousal visa for your husband or wife. CR-1/IR-1 visas cannot be obtained by a permanent resident. The foreign spouse and the U.S. citizen must be married at the time of filing. There must be no legal reason that the marriage is not legally valid; for example, one of the persons is still married to someone else, or the persons were too young when married. The foreign spouse must have no criminal, health, or other issues that would prevent them from getting U.S. immigration benefits.
Minor children of the foreign spouse may accompany them and are issued a visa.
Spousal visa holders and minor children are authorized to work after entry to the U.S. Employment authorization may be applied for prior to or at the same time as the green card application (adjustment of status).
If you are serious about getting a marriage-based visa a consultation is the best place to start. Spend up to a full hour with an immigration attorney to discuss the details of your case, get answers to your questions, work through complex issues and supporting documents and plan a strategy.