Should You Apply for a
US Fiancee Visa?
Not all couples are aware that the US fiancee visa is available to them. If you are planning to marry someone from a foreign nation who is not already in the states, you should consider filing for a K-category fiancee visa.
Why Consider a Fiancee Visa?
The USCIS allows fiancée visas so that couples who are planning to be married can come together in the US, and be married here. It allows the fiancée or fiancé of a US citizen to come to the US before the wedding. This allows you to spend time together, get to know each other better, plan for the day, and also to be able to be married among friends and family.
Note that the marriage must take place within 90 days, and further filings must be made to arrange for permanent resident status.
K3 visas allow you to bring your spouse into the US under a non-immigrant (temporary) visa if you have already been married outside the US. Once stateside, you can continue petitioning for permanent residence status. This can allow you to be together sooner sometimes, but expect that it will take much longer to get permanent residence approval.
Making Permanent Residence Arrangements
Neither the K1 visa for your fiancée nor the K3 visa for a spouse married abroad affords permanent resident status. The K visa is a non-immigrant visa. If your spouse enters the USA through either of these types of visas, they will then have to file for permanent residence by filing for an Adjustment of Status. This can be filed after the marriage for a K1 visa, or after the K3 spouse enters the US. An adjustment can be filed along with or in addition to an I-130 petition for a green card by marriage, and there is no need to wait until the I-130 is approved to adjust the visa.
The US fiancee visa, most commonly recognized as the K1 visa, and the related visas of the 'K' category (K2, K3, K4), are among the more difficult visas to figure out. Learn more about the benefits and processes involved in using each, and utilize these options to your best advantage.
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