Fiancé and Marriage Visas

The Whitt Firm provides fiance and marriage visa services in all 50 states.

Fiance Visa

Each year thousands of visas are issued to fiancés of U.S. citizens so that they may move to the United States  and be married.  To bring your fiancé to the U.S. for marriage, you must get a fiance visa (K-1 visa).

Many fiancé immigration cases are delayed because the applicant fails to include necessary information and documentation. Our fiance visa lawyer provides assistance with fiancé visas in all 50 states and abroad. Don’t risk delays in bringing your fiancé to the United States – schedule a consultation with our fiancé visa lawyer today.

Eligibility to Apply for a Fiance Visa (K-1 Visa)

You may file a fiance visa (K-1 visa) petition if :

1.  You are a US citizen; and

2.  You and your fiancé intend to marry within 90 days of your fiancé entering the United States, are both free to marry, and have met in person within the last two years unless:

a.  The requirement to meet your fiancé in person would violate strict and long-established customs of your or your fiancé’s foreign culture or social practice; or

b.  The requirement to personally meet your fiancé would result in extreme hardship to you.

The Fiance Visa (K-1 Visa) Process

To get a fiance visa, you must file a Form I-129F with the United States Citizenship and Immigration Services.  If USCIS approves the I-129F, they will send it to the National Visa Center, which will process and forward it to the U.S. Embassy or consulate nearest your fiancé’s foreign place of residence.  The embassy or consulate will then invite him or her to apply for the actual K-1 fiancé visa.

The length of time for the fiance visa process varies from case to case, but the average fiance visa can take from 5 to 12 months.   Once your fiancé arrives in the US on a fiancé visa (K-1 visa), you have 90 days to marry.  As soon as you marry, your spouse may apply for permanent residence (apply for a green card) by filing a Form I-485, Application to Register Permanent Residence or to Adjust Status.

Marriage Visas

A marriage visa (K-3 Visa) allows a non-U.S. citizen spouse married to a U.S. citizen  legally enter the United States. This visa category is intended to shorten the physical separation between the foreign citizen and U.S. citizen spouse by permitting the foreign citizen spouse to enter the United States to await approval of the immigrant visa petition.

Eligibility for a Marriage Visa (K-3 Visa)

In order to be eligible to apply for a K-3 visa for your spouse, you must:

1.  Be a U.S. citizen; and

2.  Be married to a foreign citizen who is living outside of the U.S.

Document Requirements for the Marriage Visa (K-3 Visa)

In order to apply for a Marriage Visa (K-3 Visa), you will need:

1.  Documents to prove you are a US citizen, such as:

a.  If you were born in the United States, a copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority; or

b.  A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS; or

c.  A copy of Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. Embassy or consulate.

2.  A copy of your marriage certificate.

3.  If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.

4.  A passport-style color photo of yourself and a passport style color photo of your husband or wife, taken within 30 days of your application.

5.  Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship.

6.  Documentation showing co-mingling of financial resources.

7.  Any other information to show there is an ongoing marriage.

Consular Processing of the Marriage Visa (K-3 Visa)

If the marriage occurred outside the U.S., the K-3 Visa must be issued by the U.S. consulate in the country where the marriage occurred. The Consular Officer may ask for additional information, such as wedding photographs and other proof that the marriage is genuine.  The Consular Officer will also interview your foreign citizen spouse.