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K3 Visa Information: Marriage Visa / Spousal Visa | |
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| For those who have not yet married, an initial determination must be made whether to first marry before beginning immigration processing for a K3 marriage visa, or wait and first obtain a K1 fiancee visa, then marry in the US. The best choice depends on a variety of considerations. Some considerations are legal in nature while some are more oriented toward family or religious concerns. Early on in your planning, it is wise to consult with an immigration attorney who specializes in K visas. Each circumstance is different and the best choices to make cannot easily be explained in writing. However, here are a few things you should know: Marrying a US Citizen in the US or AbroadIf a marriage took place outside the US, the foreign bride or husband must obtain a Marriage Visa to enter the U.S. An overseas marriage is a valid and legal marriage as far as the U.S. government is concerned provided it is recognized as a legal marriage by the government of the country in which the marriage occured. If an overseas marriage does not work out for any reason, you cannot simply pretend it did not happen. If you marry overseas and the marriage does not work out, you still must obtain a divorce or annulment of a foreign marriage. An overseas marriage can complicate a divorce or a future marriage to someone else. By comparison, the K1 Fiancee Visa, allows the foreign fiancee ( or fiance ) to enter the U.S. for a period of up to 90 days before marriage. This allows the fiancee time to adjust to her new life in the US and relationship to you in this environment. If that adjustment cannot be made, the couple does not marry and fiancee returns home. Both remain eligible to freely pursue other relationships without the need for a divorce. Sometimes the foreigner is already in the US and wants to marry an American citizen while in the US. In this case a K3 visa is often still required, depending on the situation. American citizens should not marry foreigners in the US without first obtaining advice from a qualified K visa immigration attorney. Timelines - The Fiancee Visa is Often QuickerIt is often quicker to obtain a K1 fiancee visa than a K3 spousal visa. Although the K3 visa was designed to speed up the time it takes to bring a foreign bride to the U.S., it was never designed to be quicker than a fiancee visa. As discussed in timing, the time it takes to obtain either type of visa - marriage visa or fiancee visa - depends on a variety of factors.Child IssuesIf there are any children over 18 years of age, an overseas marriage to a child’s parent will essentially deny that child the ability to obtain a green card. While it is possible to apply for and obtain a K4 visa for a child over 18, the child will not be able to obtain a green card as a dependent of the mother. The basis for the child's green card in this instance would be the step-parent relationship of the American citizen, but that relationship must be established through marriage before the child's 18th birthday.By comparison, when the mother enters the US on a K1 Fiancee Visa it is possible for the unmarried child under 21 years of age to obtain a K2 visa and subsequently a green card. You will want advice from a qualified immigration attorney who specializes in marriage-based K Visa immigration before deciding which visa is better to pursue in you situation. |
| Overview | Eligibility | Timing | Procedures | US Arrival | K1 vs K3 Visa | Attorneys? | Links |