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Frequently Asked Questions

couple-trying-visa-helpK1 Fiance(e) Visa FAQ

The K1 visa enables US Citizens to bring their foreign fiance(e)s to the USA in order accomplish a legal marriage in the USA followed by adjustment of Status to Legal Permanent Status. ( Green Card) TheK2 visa allows unmarried children (under age 21) of the fiance(e) to move to the US as well.

 

K-1 and K-2 Visa Process Outline:

The K1 visa itself is only a single step in a procedure for obtaining permanent residency (a green card) based on a marriage to a US Citizen after entry. The steps involved in immigrating to the US via a K1 visa can be generally described as follows:

  • The US Citizen files the petition for the foreign fiancée or fiancé through a USCIS intake Service Center in Dallas, where only a cursory review is done. The petition is then forwarded to the appropriate service center, based on established criteria that tends to vary. The petition phase is very straightforward. Approval timelines vary with each Service Center, with the processing times ranging anywhere from one to five or six months.
  • After the petition has been approved, the petition is sent to the Department of State’s National Visa Center (NVC) where it is processed and forwarded to the correct Embassy or Consulate. The process of sending the approved petition from the Service Center (through the NVC) and arriving at the embassy takes about a month. The fiancée or fiancé has 4 months from the time the petition was approved at the Service Center to obtain the K-1 visa at the US Consulate in the foreign country. This time period can be extended by a consular officer if required. The visa application process is generally similar in all countries, although each Consulate will vary a bit in their requirements.
  • Once you have the K-1 Visa it is good for only one entry into the United States within 6 months of the issue date. A K-2 Visa holder (child of K-1 Visa holder) may enter up to one year after the K-1, but a K-2 Visa holder may not enter the U.S. prior to the K-1.
    Once in the United States, you have 90 days to get married.
  • Immediately after marriage, you must apply for an Adjustment of Status, to become a permanent resident. You may also apply for an Employment Authorization Document (EAD) to work required until the status adjustment is approved and “advance parole” in case you want to travel outside the United States and re-enter before getting your green card.
  • If your status adjustment is approved prior to two years after you were married you will be issued a “Conditional” Permanent Resident status (green card) which is valid for only two years. If you are interviewed and approved more than two years after you were married you will get a full Permanent Residency status with no conditions and a green card valid for ten years. The time it takes to approve a status adjustment depends on where you live and the nearest local USCIS office’s processing timeline.
  • If you were given a “conditional permanent residency”, 21 to 24 months from the date you were granted this status, you will have to apply to have the “Conditional” status removed; if approved you will get a full 10 year green card. If you had a full permanent residency status without conditions then this step is not required.
  • In three to five years, depending on circumstances, you can apply to become a US citizen (naturalization).

IMBRA Filing Limitations on K Non immigrant Petitioners:

Due to the 2006 passage of the International Marriage Broker Act, (IMBRA) if you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with the petition accompanied by documentation of your claim to the waiver. If you have committed a violent offense against a person or persons, the USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist.

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The Spouse Visa Process General Outline IR-1 and CR-1 Visas

Immigrant Visas

The CR-1 or IR-1 visa enables US Citizens to bring their foreign spouse to the USA.

The CR-2 or IR-2 visa allows unmarried children under the age of 21 to move to the US as well, provided the marriage to the natural parent occured before the 18th birthday.

CR-1 and CR-2 visas are issued to applicants when the visa is obtained prior to the two-year anniversary of the qualifying marriage to the US Citizen. IR-1 and IR-2 visas are issued to applicants when the visa is obtained after the two-year anniversary of the qualifying marriage. IR-1 and IR-2 visas result in Legal Permanent Resident Status upon entry to the USA and a “Green Card” expiring in 10 years. CR-1 and CR-2 visas result in Conditional Permanent Resident Status upon US entry (unless entry occurs after the two-year anniversary of marriage) and a “Green Card” expiring in 2 years. Conditional Residents must apply to remove the conditions between 21 and 24 months after entering the USA.

CR-1/IR-1 and CR-2/IR-2 Immigrant Visa Process Outline:

The Immigrant visa entitles the qualifying spouse or child to enter the USA with Legal Permanent Resident Status (a green card) based on a marriage to a US Citizen. The steps involved in immigrating to the US via an Immigrant Visa can be generally described as follows:

  • The US Citizen files the Petition for Alien Relative with a USCIS Service Center. Where you file depends on where you live. The petition phase is very straightforward. Approval timelines vary with each Service Center, with the processing times ranging anywhere from one to five or six months.
  • After the Petition has been approved, the petition is sent to the Department of State’s National Visa Center (NVC) where it is processed and forwarded to the correct Embassy or Consulate. The process of sending the approved petition from the Service Center (through the NVC) and arriving at the Embassy or Consulate usually takes from six to 12 weeks. While at the NVC, an Affidavit of Support is provided by the US Citizen Petitioner and the foreign spouse submits an actual “Visa Application” and the visa fee is paid. Once NVC has completed their work, the case file is forwarded to the Embassy or Consulate in the foreign national’s country of residence. The visa interview may be scheduled during the NVC stage for some stations abroad but some Embassies and Consulates wait to schedule the interview until the case file arrives on station. The actual visa interview process is generally similar in all countries, although each Embassy or Consulate will vary a bit in their requirements.
  • Once you have the Immigrant Visa it is good for only one entry into the United States within 6 months of the issue date. The passport stamp given at entry is temporary evidence of Legal Permanent Resident Status and the “Green Card” and Social Security Card arrive in the mail shortly thereafter, usually in two to six weeks.
  • If you were given a “conditional permanent residency”, 21 to 24 months from the date you were granted this status, you will have to apply to have the “Conditional” status removed; if approved you will get a full 10 year green card. If you had a full permanent residency status without conditions then this step is not required.
  • In three to five years, depending on circumstances, you can apply to become a US citizen (naturalization).

The Spouse Visa Process General Outline K-3 and K-4 Visas

* Note: Effective February 1, 2010, new procedures adopted by the National Visa Center have effectively rendered the K-3 and K-4 visas no longer available.

The K-3 and K-4 visas for Spouse and Children are technically non-immigrant visas that theoretically allow the family to be reunited faster. Here is a brief overview but in most cases, the original purpose of these visas has been rendered moot by recent changes in USCIS adjudication policies. For this reason, we prefer not to promote their use here. However, there are cases where they may well be the better choice. If so, our visa consultants will provide the needed information and guide you through the process.

On December 21, 2000 the Legal Immigration and Family Equity Act (LIFE Act) was signed into law. One of the provisions this legislation is the creation of K-3 and K-4 non-immigrant visas for spouses of US Citizens who are outside the US, and the children of those foreign spouses. These visas were created to allow reunification of families of US Citizens, by allowing the spouse and children to enter the United States as non-immigrants, and filing for Adjustment of Status inside the United States, rather than waiting for Consular immigrant visa processing. Provisions for processing for the K-3/K-4 became effective on August 14, 2001 after coordination required between USCIS ( then the “INS”) and the State Department.

Until November 2006, USCIS adjudicated petitions for CR1-2 and IR1-2 visas separately from the K-3 petition and at different service centers. In November 2006, USCIS changed its policy and began adjudicating the petitions together and with rare exceptions, completed adjudication or approved both petitions the same day. Effectively, this did away with the previous far shorter timelines for the K-3 and K-4 processes. It is because of both the significant additional fees for the K-3 and K-4 visas from petition to green card and the negligible time savings, that we seldom recommended this path to our clients after late 2006. Recent changes as noted above, make these visas virtually obsolete.

As an experienced CR1 Spousal Visa immigration consultant, I’m here to help. Feel free at any time to Contact me for a Free Marriage Visa Consultation. or call me directly at (214) 731-6106

 
 
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