K-Visa (Fiancé(e) and K-3 Visa)

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.The final decision of whether to admit someone to the United States lies exclusively with Customs and Border Protection (CBP).

No. You may only apply for a K-1 fiancé(e) visa at an Embassy or Consulate outside the United States after the I-129F petition filed in the U.S. has been approved.

If the visa interview is scheduled more than 4 months from the date the petition is approved, the Immigrant Visa Unit will request an original letter from the petitioner, confirming that both parties remain legally free to marry and that they intend to do so within 90 days of the applicant’s entry to the United States.  There is no requirement that the letter be notarized.

The letter should be mailed to the Immigrant Visa Unit at the U.S. Consulate General Frankfurt, Giessener Strasse 30, 60435 Frankfurt. PDF files or scans of the letter cannot be accepted.

No. If the marriage will not take place within 90 days of your arrival in the United States, it will not be possible to process an application for a fiancé(e) visa.

Once you have married, you must contact the U.S. Citizenship and Immigration Services for further information. If you leave the United States without first obtaining permission from them to re-enter the country, you will require an immigrant visa in order to return. This could delay your return by 10-12 months.

Your will be required to qualify for an immigrant visa.

The K1 visa  is issued to the fiancé(e) of a U.S. citizen who will marry in the United States and apply to take up permanent residence after marriage. The K-3 and K-4 visa is issued to the spouse of a U.S. citizen who is the beneficiary of an immediate relative petition and his or her child(ren) under the age of 21. The K-3 and K-4 visa allows the holder to travel to the United States to reside while his or her immigrant visa petition is being processed by the U.S. Citizenship and Immigration Services and to apply for an immigrant visa once the petition has been approved.

The K-3 visa was introduced to allow the spouse of a U.S. citizen to be admitted to the United States as nonimmigrant while s/he awaited the adjudication of the I-130.  The U.S. citizen petitioner actually files two petitions in these cases.  First, an I-130 petition must be filed as for any spouse.  Once the petitioner receives the I-797 Notice of Action indicating that USCIS has received the I-130 petition, the petitioner may file the I-129F.

In the days when it took a relatively long time to adjudicate the I-130, and much less time to adjudicate an I-129F, this was a great benefit.  For some time now, USCIS has been adjudicating the I-130 and I-129F petitions at comparable rates.  This means that the vast majority of K-3 petitions are invalid by the time post receives them.