Must be a spouse of U.S. citizen (If you are a Lawful Permanent Resident, you cannot sponsor your spouse ).
K-3 must be residing outside the U.S. to avail of this visa (this is not filed for you if you are inside the U.S.).
You apply for this visa in the country where the marriage took place.
Children of the K-3 (K-4) – unmarried child of the K-3 need only establish that they are the child of the K-3 to receive a K-4 visa.
Once the K-3 is approved, then the file is forwarded to the National Visa Center (NVC), where security checks will be made and once cleared, will be forwarded to the consular post.
K-3/K-4 are admitted to the U.S. for a 2 year period only. You must file an adjustment of status before the end of this two year period to obtain the green card.
K-3/K-4 cannot change their status inside the U.S.
Termination of the K-3/K-4 status: (termination will occur 30 days later following:)
K-3 divorces the U.S. petitioner
I-130 is either denied or revoked
Adjustment of status petition is denied or revoked
Denial of the K-3 will result in the K-4 being terminated.
K-1 & K-2 (Fiancé Visa):
Must be a fiance(e) of U.S. citizen (If you are a Lawful Permanent Resident, you cannot sponsor your fiance(e) ).
You are seeking to enter the U.S. solely to conclude a valid marriage with petitioner.
Must marry within 90 days after entry into the U.S.
Must adjust status within 2 years.
Once the fiance visa is approved you schedule your interview at the U.S. consulate where you are residing.
Petitioner must provide criminal records.
There must be no legal impediments to the marriage – so for example if you are currently married to a different person, you must have a final divorce decree before commencing the K-1 visa.
Parties must have met in person within 2 years of filing the petition (this in-person requirement can only be waived in extreme hardship to the petitioner or the requirement would “violate strict and long established customs in the beneficiary’s culture”).
Proxy marriages and Double proxy marriages, are permitted in the U.S. for Immigration purposes – means 1 party (or both for double proxy) is not physically present at the marriage
For K-3 visa the marriage must be consummated before filing the K-3. If you cannot consummate, then can file a K-1 visa.
Law Offices of Caro Kinsella will refer you to a reputable company that will guide you in the process of obtaining marriage by proxy.
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