K-1 FIANCÉ VISAS & K-3 MARRIAGE VISAS

K-1 fiancé visas & K-3 marriage visas afford fiancés and spouses of U.S. citizens (U.S.C.) to enter the United States as non-immigrants to marry the U.S.C in case of fiancé visas and to adjust their status under marriage visas. K-1 and K-3 visas are intended to unite families in the U.S. and circumvent the long, and often difficult, consular processing process. Nevertheless, K-1 and K-3 visas do not work as intended by Congress and the U.S. consular offices abroad will often time abuse their discretion and prolong the process. To minimize this effect, the Houston K-1 fiancé visa lawyers and the Houston K-3 spouse visa attorneys at PHAM & CLOVES, PLLC work hard to assist our clients in providing evidence that they have a bona fide relationship. Under the weight of the evidence, our clients have a better chance of obtaining K-1 and K-3 visas and avoid the long consular processing time. 

APPLICATION PROCEDURES FOR K-1 FIANCÉ VISAS

To apply for a K-1 fiancé visa, the U.S. citizen must first file the petition with the USCIS in the United States on behalf of the foreign fiancé. The U.S.C. applicant must demonstrate that the relationship is a bona fide, good faith, relationship. That is, the applications are not fraudulent and are not intended to circumvent the legal immigration process. For the same reason, USCIS is very skeptical of the “dating services” or “referral services.” There is one other requirement, the foreign national fiancé and U.S. citizen must have met personally at least once in the two years before the I-129F petition was filed. Our Houston K-1 visa lawyers often time advise clients to visit their intended spouse as often as possible and provide evidence of each of their visit, as well as their communication after returning to the U.S. Once approved, USCIS will transfer the applications to the U.S. consular offices abroad. If approved, the foreign fiancé will be issued a nonimmigrant K-1 visa to enter the U.S. Both the U.S. citizen and the fiancé must remain unmarried until the arrival of the foreign national fiancé in the U.S. 

APPLICATION PROCEDURES FOR K-3 MARRIAGE VISAS

To apply for K-3 nonimmigrant spousal visa, the U.S. citizen spouse must have filed an immigrant petition (I-130 immigrant petition) for the benefit of the foreign spouse and received a receipt notice. Subsequently, the K-3 visa may be filed with evidence that an I-130 immigrant petition was previously filed with the USCIS. The U.S. citizen spouse must file the applications and supporting documents with the USCIS and have it approved. If the marriage occurred outside the U.S., the K visa must be issued by the U.S. consulate in the country where the marriage occurred. In both K-1 and K-3 applications, children of the beneficiary that are unmarried and under 21 years of age may also accompany the spouse. Children of the K-1 visa holder are called K-2 and children of a K-3 visa holder are called K-4. Please contact one of our Houston K-1 fiancé visa attorneys and our K-2 marriage visa lawyers for assistance in preparing and filing fiancé and marriage visa applications. 

MAINTAINING NONIMMGRANT K VISA STATUS

After a foreign national fiancé has obtained a K-1 visa and entered the U.S., he/she must get married to the petitioner U.S. citizen within 90 days of admission. After the marriage, the U.S.C spouse may file an immigration petition and adjustment of status application on behalf of the K-1 foreign fiancé (which is now a spouse). During the waiting period for USCIS to approve the I-130 and I-485 to adjust status, the foreign spouse both K-1 and K-2 visa holders will be authorized to work in the U.S. and to travel outside the U.S. (WARNING: K-1 visas are intended to only be admitted once; and therefore, prior to obtaining a travel document from USCIS, K-1 visa holders should not leave the U.S.) 

The foreign spouse of a U.S. citizen admitted with a K-3 visa is authorized to remain in the U.S. for a period of 2 years specified on his/her Form I-94. If the I-130 application of the U.S.C. spouse is approved, the K-3 foreign spouse may immediately file an I-485 application to adjust his or her status to become a U.S. permanent residence. If the I-130 has not been approved, the foreign spouse is authorized to remain in the U.S. for a period of 2 years. Minor children of K-1 or K-3 visa holders will be admitted for the same period of time or until the day before such children's 21st birthday or marriage, whichever is shorter.

TERMINATION OF K VISA STATUS

The K-1/K-2 status will be terminated when the foreign national fiancé marries someone other than the U.S. citizen who petitioned for her/him or if the 90 days period is expired and the K-1 visa holder and the U.S. citizen applicant have not been married, whichever is first. As for K-3 visa holders, besides the 2-year limit for the status, K-3/K-4 nonimmigrant status will be terminated 30 days after the denial of one of the following:
 
• The I-130 petition filed on the foreign national's behalf by the citizen petitioner; 
• An application for an immigrant visa by the foreign national; or 
• The foreign national's I-485 adjustment of status application;
• K-2 and K-4 status will also be terminated when the foreign national turns 21 years of age or is married.

To ensure that your application has the best chance of being approved, as well as to maintain the visa status once arrived to the U.S., please contact our experienced Houston K-1 fiancé visa lawyers and our Houston K-3 marriage visa attorneys.  Our Houston immigration lawyers have assisted hundreds of families reunited in the United States and will be able to assist you to travel through this difficult path.  Contact our U.S. K-1 visa fiancé lawyers and our U.S. K-3 marriage visa attorneys at at PHAM & CLOVES, PLLC at 713-492-0337 for a consultation. Alternatively, please contact us through our interactive online contact form.