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K1 and K3 Marriage Visas in California

What You Need to Know About K1 and K3 Marriage Visas

As a U.S. citizen, if your spouse or future spouse is a foreign citizen, there are a few options for legally bringing him or her to join you in the United States with a temporary immigrant visa. It is important to speak with an experienced immigration attorney to know what option would best for you and your family. Some options require you to petition the United States Citizenship and Immigration Services (USCSI) on behalf of your spouse or fiancé(e) with either a K1 or a K3 visa application. Whether the marriage takes place abroad or within the U.S. will determine which application is appropriate for your situation.

Navigating the process of obtaining a conditional permanent resident status, also known as a Conditional Green Card, can be complicated if you do not have the guidance of an experienced immigration attorney. Call (310) 242-8936 to schedule a consultation with our attorneys at The Immigration Law Office of Los Angeles, P.C. Mr. McVarish has assisted thousands of couples through the immigration process and will provide the excellent service you deserve.

What is the K1 Visa?

The K1 visa allows a foreign citizen fiancé(e) to marry a U.S. citizen within at least 90 days after arriving in the U.S. After the marriage, the immigrant spouse may apply for an adjustment of status to receive permanent residency.

Requirements for a K1 visa:

  • The U.S. citizen sponsoring the foreign citizen must file a Form I-129F with the USCIS on behalf of his or her fiancé(e),
  • The U.S. citizen and foreign citizen must be legally allowed to marry according to the U.S. state where the marriage will occur,
  • The U.S. citizen and the foreign citizen must have met in person within the past two years.

Filing for a K1 visa also requires various documents, as well as a medical examination, vaccinations, and fees. There are several exceptions and waivers that may be available for couples applying for a K1 visa, and consulting with a licensed immigration attorney is recommended to ensure that you and your fiancée have the best chances possible for success.

What is the K3 Visa?

When a U.S. citizen marries a foreign citizen while in another country, the foreign spouse may enter the U.S. as a non-immigrant until the K3 application has been approved. This visa is intended to reunite spouses and families, allowing a foreign citizen quicker access to conditional or permanent U.S. residency, depending on the length of the marriage. Upon arrival in the U.S., the foreign citizen can apply to adjust the status of his or her visa to a permanent resident.

Applying for a K3 visa requires the following:

  • The couple must qualify as spouses in the country where the marriage took place,
  • The foreign citizen must apply for a K3 visa in the country where the marriage occurred,
  • The U.S. citizen spouse must sponsor the foreign spouse by filing a Form I-130.

Contact an Immigration Attorney

To help your spouse obtain a U.S. visa, do not hesitate to contact immigration marriage lawyer Scott McVarish to ensure that your paperwork is accurate and the filing process goes smoothly. Mr. McVarish and his team at The Immigration Law Office of Los Angeles, P.C. are experienced at helping spouses obtain U.S. residency. Call us at (310) 242-8936 to discuss your circumstances and begin working on your case today.


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6601 Center Dr. West, Suite 500 Los Angeles, CA 90045 | Phone: (800) 792-9889  Local Phone: (310) 242-8936 Office Location

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Copyright © 2017 The Immigration Law Office of Los Angeles, P.C. - All Rights Reserved. Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.