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.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. This Website is not intended to be an advertisement or solicitation.Transmission of information from this site is not intended to create, and its receipt does not constitute, an attorney-client relationship between us and the reader information provided at this site is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office's of Caro Kinsella or establish an attorney-client relationship. US Immigration Laws are continually changing. The information on this website was accurate at the time of posting plus we make every effort to keep it updated, however, we are not responsible for outdated materials. In no event shall the Law Office's of Caro Kinsella, its affiliates or content partners be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way. Caro Kinsella, Attorney at Law expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this website. The transmission of the website, in part or in whole, and/or any communication with us via e-mail through this site does not constitute or create an attorney-client relationship between us and any recipients. Very occasionally, and despite our best efforts, typographical inaccuracies may appear on our site. Your help in notifying us about them is appreciated. Please email firstname.lastname@example.org and inform us about them. Some links within the website may lead to other websites, including those operated and maintained by third parties. Caro Kinsella, Attorney at Law includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents. Nothing on this website or the linked blogs/websites should be used as a source of legal advice. Each legal problem is different, and past performance does not guarantee future results. As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. In no event shall the Law office's of Caro Kinsella, its affiliates or content partners be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website.
THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.