Marrying A Foreign National Inside Or Outside The Us?

The K nonimmigrant visas, also called the hybridhas received the Form I-130. You will then need
visas, allow a fiancée or spouse of a U.S.to file the K-3 petition with a copy of this form
citizen to enter into the U.S. and apply forI-797 along with a USCIS Form I-129F to the
permanent residence. Depending upon whetherfollowing address:
you intend to marry within the U.S. or outside theU.S. Citizenship and Immigration Services
U.S., you may apply for a K-1 or a K-3 visa.P.O. Box 7218
K-1 Visa: Marrying within the U.S.Chicago, IL 60680-7218
The K-1 fiancée visa is available to foreignThe USCIS after adjudicating the Form I-129F
citizens who would like to marry American citizensforwards it to the appropriate American
and reside permanently in the U.S.Consulate so that your foreign national spouse can
Requirementsapply for the K-3 visa.
The U.S. immigration law requires that you meetBenefits of K-3 visa
your foreign national fiancée personallyThe K-3 visas generally have shorter waiting
within two years prior to filing the K-1 visaperiods compared to marriage-based immigration
petition.visa petitions
Before filing of the fiancée visa petition,Your spouse can apply for a work permit by filing
both you and your foreign national fiancéeForm I-765 and engage in employment
must be eligible to marry and show proof ofChildren of your foreign national spouse can
termination of prior marriages, if any. You mustaccompany your spouse to the U.S. on the K-4
show your intention of marrying yourdependent visa as long as they are listed in the
fiancée upon his/her arrival in the U.S.visa petition and are under the age of 21 years.
Duration & Extension of StayThe big question - Which route to take?
Your fiancée is allowed entry into the U.S.There are four options for your foreign national
for 90 days on a K-1 single-entry visa and shouldfiancée or spouse to enter the U.S.:
marry you during that period. Your fiancée1. Fiancée enters the U.S. on B-2 visa
is not entitled to apply for Extension of Stay onYour fiancée may enter into the U.S. on B-2
K-1 visa. If the marriage does not occur within 90tourist visa, marry and following the wedding, file
days, the K-1 nonimmigrant must leave the U.S. orfor Adjustment of Status. BUT, there exists a
remain subject to removal.risk of being refused admission as an intending
Change of Statusimmigrant, when asked by a USCIS officer at the
Your fiancée is not entitled to change statusarrival airport about the purpose of the visit.
to any other nonimmigrant visa category. Your2. Marry abroad and spouse enters on an
fiancée should apply for Adjustment ofimmigrant visa
Status to conditional permanent residence uponYou may marry abroad and file an immediate
marriage.relative visa petition after returning to the U.S.
Application ProcessAdjudication of the petition generally takes three
You must file the K-1 fiancée visa petitionto eight months and then, after it is approved,
with the U.S. Citizenship and Immigration Servicesthe processing of the immigrant visa application
(USCIS) service center that has jurisdiction overmay take an additional five to eight months.
your place of residence. Once the USCISNote: You may also file the immediate relative
approves the petition, it forwards it to thepetition with the U.S. embassy or consulate in
American Consulate where your fiancée willyour foreign spouse's home country under certain
be applying for the K-1 visa. The petition is validcircumstances, which is generally quicker than filing
for a period of four months from the date ofit in the U.S.
USCIS action, and may be revalidated by the3. Marry abroad and spouse enters on K-3 visa
consular officer. The American Consulate willYou may marry abroad and file an I-130
notify your fiancée when the approvedimmediate relative petition after returning to the
petition is received and provide him/her with theU.S. On receipt of Form I-797, you may file
necessary forms and instructions to apply for aI-129F with the USCIS. Approval of a K-3 petition
K-1 visa.may take three to six months and then, after it
Benefits of K-1 visais approved, the processing of the K-3 visa at the
Applying for a K-1 visa for your foreignconsulate may take an additional two to four
fiancée has the following benefits:months.
The K-1 fiancée visa generally has a shorter4. Fiancée can enter the U.S. on K-1 visa
waiting period compared to marriage-basedYou may file a K-1 visa petition for your
immigration visa petitionsfiancée to enter into the U.S. and marry
Your fiancée can apply for a work permitwithin 90 days of his/her arrival. Pursuant to
by filing Form I-765 and engage in employmentgetting married you may file for Adjustment of
Children of your foreign fiancée can comeStatus for your fiancé. The advantages of
to the U.S. on the K-2 dependent visa as long asthe K-1 procedure are:
they are listed on the fiancée visa petitionIt is generally quicker than the marriage abroad
K-3 Visa: Marrying outside U.S.and subsequent K-3 visa petition process which is
The K-3 spouse visa allows spouses of U.S.often more time consuming
citizens to enter the U.S. in a nonimmigrant visaEach year, thousands of U.S. citizens marry
category while waiting abroad for an immigrantforeign-born persons and file for their permanent
visa.residence process in the United States. The
Requirementsimmigration process for green card through
To apply for K-3 visa the foreign national shouldmarriage depends upon whether you intend to
be married to you (the U.S. citizen) and wanting tomarry the foreign national in the U.S. or outside
enter the U.S. to await the approval of immigrantthe U.S. Each situation has its own distinct
petition.requirements and procedures and thus, requires
You must have filed Form I-130, Petition for Aliendifferent planning.
Relative, on behalf of your foreign national spouseThere exists no risk of being refused admission
with the USCIS for the purposes of an immigrantas an intending immigrant like there is in the B-2
visa before filing for K-3 petition.entry and marriage, and subsequent Adjustment
Duration & Extension of Stayof Status process
Your spouse will be admitted into the U.S. on K-3Conclusion
visa for an initial period of two years. Your spouseSpouses of U.S. citizens are considered "immediate
can remain in the U.S. while waiting for therelatives" under the immigration laws, and thus,
approval of the I-130 and is able to apply forare exempt from any numerical quota restrictions.
lawful permanent residence status (adjustment ofHowever, the decision on when and where to
status), instead of having to wait outside the U.S.marry requires a careful analysis of all the above
Your spouse may apply for Extension of Stay nooptions, comparing the processing times of the
more than 120 days prior to the expiration of theUSCIS for I-130 and I-129F petitions and the time
K-3 visa.taken by the consulate in issuing the different
Change of statusvisas. With all the complexities involved in the
Your spouse is not entitled to Change Status toimmigration process, it is better to consult an
any other nonimmigrant visa category. Yourimmigration attorney for formulating the best
spouse should apply for Adjustment of Status tostrategy of bringing your fiancée or spouse
permanent residence upon the approval ofto join you in the U.S. in the shortest possible
immigrant petition.time.
Application ProcessContact VisaPro if you have any questions
You must file I-130 immediate relative petition onregarding any type of family based immigration
behalf of your foreign national spouse with theincluding K-1, K-3 visas and Green Cards.
U.S. Citizenship and Immigration Services (USCIS)VisaPro covers the latest happenings on Family
service center that has jurisdiction over yourvisas in Immigration Monitor, monthly newsletter.
place of residence. You will then receive FormClick here to subscribe to Immigration Monitor.
I-797, Notice of Action, indicating that the USCISWe wish you a happy married life!