1. What is the difference between a K1 visa and a K3 visa?

A K1 visa, also known as a fiancé(e) visa, allows a foreign national who is engaged to a U.S. citizen to enter the United States for the purpose of getting married and then adjusting their status to become a permanent resident. A K3 visa, also known as a spousal visa, allows the foreign spouse of a U.S. citizen to enter the United States while they wait for their immigrant petition to be processed.

2. Can I apply for both a K1 and K3 visa at the same time?
No, you can only apply for one or the other. If you are already married, you would need to apply for a CR1/IR1 visa instead of the K1.

3. How long does it take to get a K1 or K3 visa?
The processing times for both visas vary depending on various factors such as the workload at the embassy and completeness of your application. Generally, it takes around 6-9 months from the time of filing to receive either visa.

4. Can my children come with me on a K1 or K3 visa?
Yes, your children can accompany you on either type of visa as long as they are unmarried and under 21 years old.

5. Is there an age difference requirement for a K1 or K3 visa?
No, there is no specific age difference requirement for either type of visa.

6. What documents do I need to provide for a K1 or K3 visa?
The required documents may vary slightly depending on your specific situation, but generally you will need:

– A valid passport
– Evidence of your relationship (such as photos, emails, etc.)
– Proof that you have met in person within the past two years
– Proof that you intend to marry within 90 days of entering the U.S.
– Medical examination report
– Police certificate(s) from countries where you have lived for 6 months or longer
– Affidavit of support from the U.S. citizen petitioner
– Any other supporting documents requested by the embassy or USCIS

7. Can we get married in the U.S. on a K3 visa?
No, the K3 visa is specifically for entering the U.S. while you wait for your immigrant petition to be processed. You must enter on a K1 visa and get married within 90 days in order to adjust your status and obtain permanent residency.

8. Can I work on a K1 or K3 visa?
You can work in the U.S. while on a K1 visa by obtaining an employment authorization document (EAD) after you have filed for adjustment of status. On a K3 visa, you may also apply for an EAD after entering the U.S., but it can take several months to obtain.

9. Can my fiancé(e)/spouse travel outside of the U.S. while waiting for their green card?
Yes, they can travel with either type of visa as long as they have obtained advance parole before leaving the country.

10. Can my foreign spouse apply for permanent residency if we are separated or divorced before the green card is issued?
It is possible for a foreign spouse to still apply for permanent residency if separated or divorced, but it may complicate the process and require additional evidence to prove that the marriage was entered into in good faith. It is best to consult with an immigration attorney in this situation.

2. Can I work in the US on a K1 or K3 visa?

No, the K1 and K3 visa are not work visas. They are nonimmigrant visas specifically for fiancés (K1) and spouses (K3) of US citizens to enter the US for the purpose of getting married and adjusting their status to become a permanent resident. You would need a separate work visa, such as an H-1B or L-1 visa, in order to work in the US while on a K1 or K3 visa.

3. What is the process for obtaining a K1 or K3 visa?

The process for obtaining a K1 visa (for fiancé(e)s of U.S. citizens) or a K3 visa (for spouses of U.S. citizens) is as follows:

1. File an I-129F petition: The U.S. citizen must first file an I-129F petition with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the U.S. citizen and their foreign fiancé(e) or spouse and determines their eligibility for a K visa.

2. Wait for approval: USCIS will review the petition and notify the petitioner of their decision within a few months. If approved, the petition will be forwarded to the National Visa Center (NVC).

3. Pay fees and submit supporting documents: The NVC will request payment of fees and submission of additional required documents, such as biographical information and financial evidence, from the foreign fiancé(e) or spouse.

4. Attend an interview at a U.S. embassy or consulate: Once all documents have been submitted, the foreign fiancé(e) or spouse will be required to attend an interview at a U.S embassy or consulate in their home country.

5. Obtain a medical examination: Prior to the interview, the foreign fiancé(e) or spouse will need to undergo a medical examination by an authorized physician.

6. Obtain K visa: If approved, the foreign fiancé(e) or spouse will receive their K visa allowing them to enter the United States.

7. Enter the United States: Upon entering the United States on a K visa, both parties must marry within 90 days.

8. Apply for adjustment of status (K1 visas only): Within 90 days of entering the United States, the foreign fiancee can apply for adjustment of status to become a permanent resident by filing Form I-485.

9.Apply for conditional permanent resident status (K3 visas only): After entering the United States on a K3 visa, the foreign spouse must apply for conditional permanent resident status by filing Form I-485.

Note: If a K3 visa holder’s I-130 petition is approved before or after entering the United States, they may no longer be required to file for adjustment of status and can directly apply for a green card through consular processing. Also, children of either fiancé(e) or spouse can be included in the application process.

4. How long does it take to get approved for a K1 or K3 visa?

The processing time for a K1 or K3 visa can vary depending on the country where the fiancé(e) or spouse is applying from. Generally, the process can take anywhere from 6-12 months, but it can be longer or shorter depending on individual circumstances and the workload of the consulate or embassy. It is recommended to check with the specific consulate or embassy in their home country for more precise processing times.

5. Is there a limit on how many times I can apply for a K1 or K3 visa?

There is no limit on how many times you can apply for a K1 or K3 visa. However, if your previous applications have been denied, it may be more difficult to obtain approval for subsequent applications unless the reasons for denial have been addressed. It is important to carefully review and address any issues that may have caused a previous denial before applying again.

6. Can I bring my children with me on a K1 or K3 visa?

Yes, you can bring your children with you on a K1 or K3 visa. However, each child will need to have their own separate visa application and immigration process. Additionally, they must be listed as beneficiaries on your fiancé or spouse’s petition and meet the eligibility requirements for a derivative K2 (for K1 visas) or K4 (for K3 visas) visa.

Your children will also need to attend the visa interview and present the required documentation, such as birth certificates and passports. They may also be required to complete medical exams.

It’s important to note that children over the age of 21 are not eligible for derivative visas under these categories and would need to apply for their own separate immigrant visas if they wish to join you in the US. It’s recommended to consult with an immigration lawyer for further guidance on this matter.

7. Do I need to have an interview for a K1 or K3 visa?

Yes, both K1 and K3 visa applicants are required to have an interview as part of the application process. The interview will be conducted at the U.S. embassy or consulate in the country where the applicant resides.

8. Can I apply for permanent residency after entering the US on a K1 or K3 visa?

Yes, you can apply for permanent residency after entering the US on a K1 or K3 visa. The K1 visa is specifically designed for fiancé(e)s of US citizens who wish to enter the US and marry within 90 days, after which they can apply for adjustment of status to permanent residency. The K3 visa is for the spouses of US citizens who are already married and wish to enter the US while their immigrant visa application is being processed. Once in the US, the K3 visa holder can also apply for adjustment of status to permanent residency.

9. What are the eligibility requirements for a K1 or Fiance Visa?

To be eligible for a K1 or Fiance Visa, both you and your fiance must meet the following requirements:

1. Intent to Marry: You and your fiance must have a genuine intention to get married within 90 days of the fiance entering the United States.

2. U.S. Citizenship or Permanent Residency: You, the petitioner, must either be a U.S. citizen or permanent resident (green card holder) in order to apply for a K1 visa.

3. Meeting in Person: You and your fiance must have met each other in person at least once within the past 2 years before filing for the visa, unless meeting in person would violate cultural customs or create extreme hardship for you, the petitioner.

4. Legally Able to Marry: Both you and your fiance must be legally able to marry. This means that any previous marriages must have been legally ended through divorce, annulment, or death.

5. Financial Support: The petitioner must demonstrate that they have enough financial support to cover their own living expenses as well as those of their fiance during their stay in the United States.

6. No Criminal History: Both you and your fiance must not have any history of serious criminal activity.

7. Medical Examination: Your fiance will need to undergo a medical examination by an approved physician before entering the United States on a K1 visa.

8. Valid Passport: Your fiance’s passport must be valid for travel throughout their entire stay in the United States.

9. English Language Proficiency: While there is no specific language requirement for a K1 visa, it may be helpful for your fiance to have some basic understanding of English in order to communicate with immigration officials upon entry into the United States.

10. What documents do I need to provide for a successful application for aK1 orK3visa?

The following documents are typically required for a successful application for a K1 or K3 visa:

1. Form DS-160: Online Nonimmigrant Visa Application
2. Valid passport
3. Two passport-sized photos
4. Copy of birth certificate
5. Proof of relationship to U.S. citizen fiancé/spouse (e.g., engagement/wedding photos, communication records)
6. Police clearance certificates from all countries you have lived in for more than 6 months since the age of 16
7. Medical examination report
8. Evidence of financial support (e.g., income tax returns, bank statements, job offer letter)
9. Affidavit of Support (Form I-134)
10. Evidence that your fiancé/spouse meets the financial requirements to support you in the U.S.
11. Proof of intent to marry (e.g., wedding venue reservation)
12. Divorce decree(s) or death certificate(s) if either party has been previously married
13.Detailed letter explaining the relationship and plans for marriage
14.Evidence of a genuine relationship (e.g., joint lease/property ownership, correspondence addressed to both parties at same address)
15.Appointment confirmation page from the Visa Application Center or Embassy/Consulate where you will apply.
16.Payment of visa application fee

11. How much does it cost to apply for aK1orK3visa?

The fees associated with applying for a K1 or K3 visa include the following:

K1 Visa:
– Filing fee: $535
– Medical examination: varies by country
– Cost of obtaining required documents (such as police clearance certificate, birth/marriage certificates)
– Optional services (such as expedited processing and translation/interpreter fees)

K3 Visa:
– Filing fee: $535
– Medical examination: varies by country
– Cost of obtaining required documents (such as police clearance certificate, birth/marriage certificates)
– Optional services (such as expedited processing and translation/interpreter fees)

It is important to note that these fees are subject to change and may vary depending on individual circumstances.

12. Can my fiance/spouse join me in theUS while waiting for theirK1orK3approval?

As long as your spouse has a valid tourist visa (B-2), they can join you in the US while waiting for their K1 or K3 approval. However, they must be prepared to return to their home country if the approval is denied or if their visa expires during their stay in the US. It is important for them to not overstay their allowed time in the US and abide by all immigration laws.

13. Do I need to show proof of financial support for my spouse/fiance in order to obtainaK-Visa?

Yes, you will need to provide evidence of financial support for your foreign spouse or fiance in order to obtain a K-Visa. This is required to show that your spouse/fiance will not become a public charge in the United States. You can provide this proof through various documents such as bank statements, pay stubs, job offer letters, and/or an Affidavit of Support from a sponsor. It is important to note that the specific requirements for proof of financial support may vary depending on your situation and the consular officer handling your case. It is best to consult with an immigration attorney for guidance on what documentation you should provide.

14. How long can I stay in the US onaK-Visaand when shouldIapplyforpermanentresidency?

The duration of stay on a K-Visa depends on the type of K-Visa obtained. There are four different typesofK-Visas:

1. K-1 Visa for fiancé(e) of US citizens: This visa allows the applicant to enter the US and marry his/her US citizen fiancé(e) within 90 days of entry. After marriage, the applicant can apply for permanent residency (green card).

2. K-2 Visa for children of K-1 visa holder: Children under the age of 21 can accompany their parent on a K-1 visa and enter the US with them.

3. K-3 Visa for spouse of a US citizen: This visa allows foreign spouses to enter the US while their immigrant visa (green card) petition is being processed. The validity period for this visa is two years, during which time the foreign spouse must apply for permanent residency.

4. K-4 Visa for children of K-3 visa holder: Children under the age of 21 can accompany their parent on a K-3 visa and enter the US with them.

Once you have entered the US with aK-visa, you should begin your application process for adjustment of status to permanent resident as soon as possible. This will involve filing Form I-485 along with other supporting documents with U.S. Citizenship and Immigration Services (USCIS). The sooner you file this application, the better it will be in terms of getting an earlier appointment at your local USCIS office and obtaining permanent residency sooner. However, if there are any complications or delays in filing your application, remaining in status on yourK-visa may be possible for up to 60 days after your authorized admission date expires, provided that USCIS has received your complete application before that date.

Overall,gaining permanent residency through marriage is a complex process and it is recommendedto consult an experienced immigration attorney who can guide you through the process and ensure that all necessary documents are filed accurately and in a timely manner.

15 .Which country’s embassy/consulate do I need to go to getaK-Visa?

The specific country’s embassy/consulate that you need to go to for a K-Visa will depend on the country where your fiance or spouse is currently living. The K-Visa is a nonimmigrant visa category specifically for foreign nationals who are engaged to be married to a U.S. citizen and wish to travel to the U.S. in order to get married and apply for permanent residence (green card). The application process for a K-Visa usually involves both the U.S. citizen and his/her foreign fiance or spouse, so it is important to check with the embassy or consulate of the country where your fiance/spouse resides for specific instructions on how to apply for a K-Visa.

16.Is thereanincomerequirementforpetitionsuchasalimonyorsupportpay as part of supporting my fiance/spouse’sK-Visapetition?

No, there is no specific income requirement for petitions such as alimony or support pay as part of supporting a fiance/spouse’s K-Visa petition. However, the U.S. citizen petitioner must still meet the overall income requirements set by the U.S. Citizenship and Immigration Services (USCIS) to prove their ability to financially support their spouse/fiance in the United States. This includes providing evidence of current employment or stable income, as well as meeting the minimum required income for their household size according to the Poverty Guidelines set by the Department of Health and Human Services.

17.What if my USA citizen spouse/fiancé dies duringtheapplication process, willIstillgetapprovalformyvisiteditorvisaformy USA resident spousal reasonmosisrosom documentssidecisiopsupetionrecresetedpligicance/

Unfortunately, in this scenario, the application for a visitor visa based on spousal reasons will most likely be denied since the primary grounds for granting such visas is to allow individuals to visit their relatives who are living in the USA. Without a US resident spouse or fiancé, there is no longer a valid reason for granting the visa.

18.Can any immigration inadmissibility issue affect myK-3visa processed excellettion?

Yes, any immigration inadmissibility issues can affect your K-3 visa application. In order to be eligible for a K-3 visa, you cannot have any grounds of inadmissibility such as criminal history, health-related issues, immigration violations, or previous visa denials. If the consular officer determines that you are inadmissible to enter the United States, your K-3 visa application may be denied. It is important to address any potential grounds of inadmissibility before applying for a K-3 visa.

19.What if myUSAcitizenspouse’s incomefalls below the poverty line as per the guidelines of alimony or spousal support?

If your US citizen spouse’s income falls below the poverty line, they may not be able to pay alimony or spousal support. In this case, the court may consider alternative forms of support, such as property division or a lower amount of spousal support. Additionally, your spouse could request a modification of the alimony order due to their financial situation. It is important to consult with an attorney to understand your options in this situation.

20. Can I renew my K1/K3 visa if it expires before I am able to apply for permanent residency?

Yes, you can renew your K1/K3 visa if it expires while you are waiting to apply for permanent residency. However, the renewal application will need to be approved and processed before you can enter the United States again. It is important to note that your visa renewal may not be granted if there have been significant changes in circumstances since you first applied for the visa. It is best to consult with an immigration lawyer to determine the best course of action in your specific situation.