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K-1 Fiancé Visa And K-3 Marriage Visas

At D’Alessio Law Group, we believe couples starting a life together should be celebrating, not stressing about the complexity of getting visas and green cards. Our family immigration services are tailored to your individual needs. We can do the legal work, so that you can envision your life together in the United States with hope and excitement.  

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Immigrant Visas/Green Cards Through Marriage To A US Citizen

“D’Alessio Law Group provided phenomenal client service while delivering successful results during the approval of both my O-1 Visa and Green Card (immigration from Canada to the United States of America). 

Leslie, Lorraine, and Kelly are notable for their vast range of experience and reliable response times during the lengthy and often daunting immigration process.”

Joseph Procopio – Google Review

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Marriage to a U.S. citizen is a relatively fast way to immigrate to the United States. The wait times that apply to other visa categories do not apply to those who are immigrating based on marriage to a U.S. citizen.

However, U.S. Citizenship and Immigration Services (USCIS) will check carefully to ensure that your marriage is bona fide and that you did not marry to obtain an immigration benefit. USCIS needs to see proof that a marriage is real before they will grant a green card through marriage.

Documents that increase approval chances for a Marriage-Based Green Card include:

Unfortunately some people try to fake marriages for a green card, and government officials know this. Faking a marriage for the sake of a green card is illegal. Just because you and your spouse are in a real, loving marriage doesn’t mean that USCIS officials will believe you without proof. It is highly recommended that you consult an experienced immigration attorney to guide you through the green card process, especially when trying to prove a bona fide marriage. 

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Get To Know The Different Types of Marriage Visas

The K-1 Fiancé Visa

If you are a US citizen and you want your fiancé to join you in the US to get married here, you can petition for them to be given a temporary K-1 fiancé visa. To qualify for a fiancé visa, you and your future spouse will have to meet some eligibility requirements. At a minimum, you will need to show these things:

If you can show that meeting in person wasn’t possible because it would have caused an extreme hardship on you, the US citizen petitioning to bring your future spouse to the United States, you can request for the in-person meeting requirement to be waived. A waiver might also be granted if meeting face to face would have violated a strict, long cultural custom of your soon-to-be spouse.

K-1 nonimmigrant visas can be tricky, so if you are planning a wedding and need to petition for a fiancé visa, we recommend you consult with an immigration attorney first.

K-2 Visa – Minor Children of Fiancés of U.S. Citizens

K-2 visas are for the kids of K-1 applicants. So, if you are a US citizen and you intend to bring your future spouse to the United States for marriage, a K-2 visa would let your fiancé bring their children with them. 

There are a few rules that go along with this type of visa, including:
  • A K-2 applicant must be under the age of 21 and the child of a K-1 applicant
  • A K-2 applicant has to be unmarried
  • The K-2 applicant has no prior immigration violations
  • The marriage will take place before the child reaches 21 years of age, but hasn’t taken place yet

This type of visa is a “non-immigrant visa” and “a derivative visa.” That means that the child isn’t given their own immigration status, the K-2 is dependent on the parent’s K-1 visa. Once the US citizen has married the K-2 visa holder’s parent, you must apply for an adjustment of status for the child.

K-3 Visa - For Spouses Outside The United States

If you are married to a US citizen but you are outside the United States, you can shorten your wait time to join your spouse in the United States by getting a K-3 nonimmigrant visa. This visa lets you into the country so that you can apply for and wait for approval of your green card.

If your marriage to a US citizen took place outside the US, you must apply for your K-3 visa in the country where you were married. There’s a lot to consider when getting married to a US citizen and immigrating to the United States, so it’s important to consult with a skilled immigration attorney as soon as possible.

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Conditional Residence

If your marriage is less than two years old when the foreign-born spouse becomes a permanent resident, the green card will expire after a two-year period. Both spouses must submit a joint petition to remove the two-year condition within the 90-day period immediately preceding the end of the two-year period. 

If the marriage has ended by reason of divorce, death of the citizen spouse, or spousal abuse, the foreign-born spouse may apply for a waiver of the joint petition requirement.

Family Immigration Services for Spouses and Fiancés of U.S. Citizens

Planning a wedding and starting a life together can be overwhelming even if you aren’t up against visa and green card hurdles. Let us help. Contact D’Alessio Law Group to discuss your immigration options today and get the immigration help you deserve.

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