K-1 & K-3 Visas

K-3 & K-4 (Spouse Visa):

  • 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-4 marries
  • 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 Marriage:

  • 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.