The K-1 Fiancé(e) visa allows a U.S. citizen to bring his or her foreign fiancé/ee to the U.S. to get married and obtain a green card (adjust status). Fiancés and fiancées of a US citizen qualify for the K-1 visa. An application is filed with the USCIS on behalf of the fiancé(e), who will then be interviewed at a US consulate abroad.The K-3 Marriage Visa

The K-3 Visa allows a U.S. citizen to bring their foreign husband or wife to the U.S. to obtain a green card (adjust status to Lawful Permanent Resident status).

An application is filed with the USCIS on behalf of the foreign spouse at the applicable Service Center having jurisdiction over the citizen’s place of residence. Following adjudication of the application, the petition will be forwarded to the applicable consulate so that the alien beneficiary or beneficiaries may apply to the Department of State for nonimmigrant K-3/K-4 visas. After entering the U.S. on a K-3/K-4 visa, the foreign spouse/child would ordinarily file for "Adjustment of Status", a process in which they convert their K-3 status to that of "Lawful Permanent Resident Status", more commonly referred to as a green card. This initial residency status is conditioned on the couple staying married if, at the time permanent resident status is granted, the couple has been married for less than two years. The conditional status may be removed after two years by filing a Petition to Remove Conditions on Permanent Residency on form I-751.

Frequently Asked Questions

How long does the K-3 visa process take? 
Processing times vary from service center to service center, and U.S. Embassy processing times also vary. We will inform you of the most current processing times for your situation when you work with our firm.
Is there any way that I can expedite my case?
The National Benefits Center expedites cases for humanitarian reasons. The USCIS will usually only grant an expedited request if a medical emergency or severe economic hardship can be proven. A demonstrated economic hardship to the petitioner is considered a negative factor in determining whether or not the petitioner meets the public charge requirements.
Can my wife enter on a visitor’s visa and then remain in the U.S. while we apply for a green card?
In situations where a citizen wishes to marry or has married an individual who has entered the U.S. with a visitor’s visa, the couple must be aware of a concept in immigration law regarding nonimmigrant intent. Those who enter as a visitor are understood to hold the intent to return to their home country before the designated period of stay expires. If a visitor takes steps to become a lawful permanent resident, the U.S. Citizenship and Immigration Services (USCIS) may perceive that to be contrary to the intent represented by the visitor's visa, and may determine that the visitor has violated the terms or his or her stay, and may find that the visitor committed misrepresentation, which is a serious violation of immigration law. Therefore, the K-3 visa is more appropriate for a foreign national who wants to permanently reside in the U.S. with her citizen husband.
After I enter the U.S. on a K-3 visa, can I travel on a K-3 visa?
The K-3 visa is a multiple-entry visa that you may use to travel in and out of the U.S. as long as the K-3 visa is valid.  In contrast, the K-1 visa requires that you obtain advance parole in order to leave and re-enter the U.S..
Is the K-3 or the K-1 visa faster?
This depends on where you currently reside in the U.S., since your place of residence determines which service center processes your application. It also depends on the current application backlog at the various service centers and the service center backlog at the National Benefits Center. 
Canmy spouse be employed while in the U.S. on a K-3 visa?
After your spouse enters the U.S. they may apply for work authorization. However, if they plan to immediately adjust status to lawful permanent residency, they will be eligible to apply for work authorization based on their adjustment of status application. Their work authorization application would be submitted at the same time they submit their adjustment of status application.
Is it true that I must demonstrate that I am able to support my wife while she is in the U.S.?
Yes. You must demonstrate that your income is 125% above the poverty guidelines. 
What if my I-130 is approved prior to the issuance of my K-3 visa?
You may proceed on the I-130 approval rather than the K-3 petition. Rather than obtaining a K-3 visa you would receive an Immigrant Visa which affords you a green card at the time of entering the United States.
May I travel to the U.S. Embassy and file an I-130 application directly with the U.S. Embassy?
Some consulates and U.S. Embassies do allow the citizen petitioner to directly file an I-130 application with their post. This process varies from consulate to consulate. Many consulates require the citizen to reside in the country where they file the application.
My spouse was previously denied a visitor’s visa.  Will this affect their ability to enter the U.S. on a K-3 visa?
Denials are commonly issued for visitor visas if the consulate believes that the foreign national does not intend to return to their home country. If a denial is based on the above factor the previous visitor visa denial may not preclude the issuance of a K-3 visa for your spouse. If your fiancée has had a prior visa denial you should consult with an attorney for a full examination of K-3 visa eligibility.