This option is not available to U.S. Green Card Holders. A U.S. Citizen may petition for his / her Fiancé to enter United States via K-1 Visa for a period of 90-days. Within this time period, should the couple marry, the U.S. Citizen can then move forward with applying for a Green Card for his / her spouse.
K-3 & K-4 Visas
In the spirit of Family Unity, K-3 Visa (Non-Immigrant Visa) may allow for the spouse of a U.S. Citizen to travel to United States allot faster, and to wait for Immigrant Visa (obtain Green Card) while in the United States.
If your foreign spouse has minor children, a K-4 Visa may be used similarly for your spouse’s children. Careful planning and timing of this Visa category is critical to a successful outcome.
Returning Residents of the U.S. (SB)
This visa category qualifies for a Permanent Resident or Conditional Resident (CR) who has resided outside of the United States for more than one year or longer than their validity period of the permit to re-enter the United States for reasoning/circumstances that are out of their control.
As substantial documentation for the reasoning behind longer stay will need to be submitted, it is important to discuss this with an experienced Immigration Attorney prior to proceeding.
|WHO CAN APPLY||Foreign national Fiance or Fiancee of a U.S. Citizen||Foreign national spouse of a U.S. Citizen||Minor children (under 21 years old)|
of K3 visa holder
|AVERAGE TIMELINE||8-9 months||5-8 months||5-7 months|
|EMPLOYMENT / STUDY||Yes, T&C apply||Yes, T&C apply||Yes, T&C apply|
|DRIVER’S LICENSE||No, until you get married||Yes|
|SSN||Yes, but not upon entry||Yes, but not upon entry||Yes, but not upon entry|
|CONVERTIBLE TO GREEN CARD||Yes, after marriage||Yes||Yes|