Most people who wish to help their fiance(e) immigrate to US have a doubt on what form to file, whether K1 visa or Form I 130. It depends on the the length of the relationship, the supporting evidence, the number of times the sponsor or the petitioner has physically met their fiance(e), are few of the considerations to file the appropriate form.
Only the citizens of the US may file a K1 visa for a fiance(e). If you are a legal permanent resident you may then have to file Form I 130 to petition your spouse. A K1 visa is issued to the fiance(e) of a United States citizen to enter the US and marry the United Citizen within 90 days after the entry of the fiance(e) into US. A K3 visa is used by a US citizen to bring his or her spouse to the US. Form I 130 is used by a US Citizen or a legal permanent resident to petition his or her spouse for a green card.
The average waiting time for K1 visa is approximately 7-9 months, K-3 petitions take approximately 8-10 months and Form I 130 petitions take approximately 8-12 months to be processed.
What Form Must I File?
If you are a US Citizen and you wish to bring your fiance(e) to US to get married you must file K1 visa application. On approval of the petition by the US Citizen, the fiance(e) may travel to United States for a period of 90 days. A K-1 visa requires a fiance(e) to marry his or her US citizen sponsor within 90 days of entry into the United States. The fiance(e) may then obtain work permit to work in the United States. It is mandatory that the US Citizen and the fiance(e) must be married within the 90 days period , so that the fiance(e) will be eligible to apply to adjust status to a lawful permanent resident.
If you are a US Citizen and you wish to bring your spouse to US then you must file K3 visa application. You can apply for a K-3 visa for your spouse only after you have filed the I-130 petition. Your spouse can enter the US on a K3 visa while the I-130 is pending and must apply to adjust status to a permanent resident with the USCIS upon approval of the petition.
Form I 130 is used by either by a US Citizen or a Legal Permanent Resident to petition their spouse to immigrate to United States. This process is a lengthy process when compared to that of K1 and other processes.
A K1 visa holder will not be able work or leave the country until they apply for adjustment of status. When they file for adjustment of status, applications for employment and travel will also have to be filed. After 90 days of filing the petition, the spouse may be able to travel and work.
A K-3 visa is a multiple-entry visa and the spouse may travel out of the country. The K 3 visa holder must apply for an EAD/work permit and it has to be filed along with the adjustment of status application.
Once the adjustment of status application is approved, the applicant acquires legal permanent resident status. They may then obtain employment immediately and also travel outside the country.
Living in the US after marrying can be boring if the spouse or family is not with you. Such people by all means try to bring their family as well to the US . True enough, uniting with the family and living in the US is a pleasant experience. In order to bring the spouse to the US there are certain procedures and guidelines to be followed which are laid down by the US government.
Spouse refers to the legally wedded husband or wife. Spouse immigration is the process where a non U.S citizen living abroad marries a US citizen and later becomes a lawful permanent resident of the US. By applying for the non immigrant K3 visa the spouse can join the US citizen. The K3 is almost similar to the K1 visa but has its own limitations. Under the US immigration laws, the K3 visa should be applied for by the US citizen spouse at the USCIS office where the Form I-130, Petition for Alien Relative is pending. K3 visa holders can later on apply for adjustment of status with the Department of Homeland Security after the petition is approved.
Filing the K3 Petition:
One of the mistakes that some couples commit is marrying within the foreign country, and then following the K1 visa process to bring their spouse into the US. It is always a well known fact that K 1 visa is only for a fiance, whom he/she is going to marry and not a spouse. Background checking is conducted thoroughly by the Homeland Security and in cases where they find a record of the fiance already married to the U.S. citizen, the whole process will come to a standstill thereby leading to many complications. It is always fair enough to follow the rules and regulations to have a successful entry with a K3 visa .
As a first step, the US citizen sponsor should file a Petition for Alien Relative with form I-130 with the USCIS. After the notice of action is received, Form I-129F is filed which is the Petition for Alien Fiancé(e), for the foreign spouse and children of the spouse. After the USCIS approves the I-129F, the petition will be sent to the National Visa center which after processing will send it to the US embassy or the consulate. Instructions on how to proceed will be given at the US consulate or the embassy.
Required documents as evidence:
When applying for K3 visa there are certain supporting documents required as evidence and need to be shown at the time of the interview. The supporting documents include birth certificates, marriage certificates, evidence of financial support or Affidavit of support, evidence of relationship with the spouse, proof of income, bank account, medical examinations and vaccination requirements, etc . Certain acts like drug trafficking, overstaying on a previous visa and submitting falsified documents will make the applicant ineligible for a visa. The K3 visa generally holds good for the people who have married a US citizen abroad and who live aboard.