Los Angeles K-1 Fiancé & K-3 Spouse Visa Attorneys

Providing Compassionate & Personalized Legal Guidance

United States citizens who are either engaged or married to a non-citizen may bring their fiancé(e) or spouse to the United States through the K-1 or K-3 visa. The primary difference between these two types of non-immigrant visas is the relationship between the two individuals; if you are not yet married, you will need to apply for the K-1 fiancé visa. If you are already married, the K-3 spouse visa is the appropriate option.

If you need assistance with the K-1 or K-3 visa process, contact the Los Angeles K-1 fiancé and K-3 spouse visa attorneys at Diamante Law Group. We have extensive experience handling all types of family-based immigration matters and can help you understand your best course of action. Our firm assists both U.S. citizens wishing to bring a relative over to the U.S., as well as foreign nationals in need of assistance with the family-based immigration process.

Call (213) 322-1418 or use our online contact form today to request a consultation with our legal team.

Understanding the K-1 Fiancé Visa Process

If you are a U.S. citizen who intends to marry a non-citizen, you may bring your fiancé(e) to the United States on a K-1 visa. Once your fiancé(e) arrives in the U.S., you will have 90 days to wed or else your fiancé(e) will be required to leave the U.S. Foreign nationals who enter the U.S. on a K-1 visa may apply for Adjustment of Status (obtain a Green Card) if they meet the proper requirements.

The process of obtaining a K-1 fiancé visa is as follows:

  • Determine Eligibility: Among the requirements for eligibility, both individuals must be free to marry and intend to marry within 90 days of the non-citizen arriving in the U.S. Additionally, they must have met in person at least one time in the past two years prior to filing the petition. You may request a waiver of this requirement if certain circumstances apply.
  • Filing the Petition: The U.S. citizen will need to fill out and file Form I-129F, Petition for Alien Fiancé(e) with United States Citizenship and Immigration Services (USCIS). This petition essentially requests that USCIS recognize the relationship between the two individuals.
  • Petition Approval: After the Form I-129F is filed, USCIS will either approve or deny the petition. If approved, the petition will be sent to the Department of Homeland Service’s National Visa Center (NVC).
  • Visa Application: Once NVC receives the approved petition, it sends it to the U.S. consulate or embassy in the country where the non-citizen fiancé(e) lives. The consulate/embassy notifies the U.S. citizen of the date and time the non-citizen’s interview will take place.
  • Interviewing at the U.S. Embassy/Consulate: The non-citizen fiancé(e) will attend the scheduled interview at the U.S. embassy/consulate in his or her country of residence. He or she may be required to bring certain documentation and forms to the interview.
  • K-1 Visa Approval: A decision will be made on whether or not the non-citizen fiancé(e) qualifies for the K-1 visa. If approved, the visa is valid for single entry to the U.S. for a period of six months.
  • Port-of-Entry Inspection: Upon arrival to the United States, the non-citizen fiancé(e) will be subject to inspection and admission at the port of entry by a U.S. Customs and Border Patrol (CBP) officer. Remember, an approved K-1 visa does not automatically grant entry to the U.S. This decision is ultimately made at the port of entry by the CBP officer.
  • Marriage: Once admitted to the United States, the non-citizen fiancé(e) has 90 days to marry the U.S. citizen fiancé(e). Failure to do so will result in the non-citizen having to leave the U.S.

Once married, the non-citizen may begin the process of applying for Adjustment of Status. This process will typically require both spouses to appear in person for an interview and, if the marriage is less than two years old at the time of applying for Adjustment of Status, the non-citizen spouse will be granted conditional permanent residence and issued a Green Card that is only valid for two years.

Bringing a Spouse to the U.S.

If you are married to someone who is not a U.S. citizen, you may petition to bring them into the country with the K-3 spouse visa. You may apply for this visa if you are a U.S. citizen or a Green Card holder yourself. The process involves filing a Form I-130, Petition for Alien Relative. In certain cases, you may be able to file the Form I-130 and Form I-485, Application to Register Permanent Residence or to Adjust Status at the same time (if you are a U.S. citizen and your spouse is already in the U.S.).

This process can be quite complicated, especially if there are certain special factors, such as a spouse/family member who is in the U.S. military. The Los Angeles K-3 spouse visa lawyers at Diamante Law Group can help you throughout each stage of the process, including appealing denied applications.

Call our office at (213) 322-1418 to speak to one of our Los Angeles K-1 fiancé and K-3 spouse visa lawyers about your situation.

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