Family Visa – Non immigrants

Fiancé(e) (k-1)

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.

Fiance (K1)K3K4
WHO CAN APPLYForeign national Fiance or Fiancee of a U.S. CitizenForeign national spouse of a U.S. CitizenMinor children (under 21 years old)
of K3 visa holder
AVERAGE TIMELINE8-9 months5-8 months5-7 months
EMPLOYMENT / STUDYYes, T&C applyYes, T&C applyYes, T&C apply
DRIVER’S LICENSENo, until you get marriedYes
T&C apply
T&C apply
SSNYes, but not upon entryYes, but not upon entryYes, but not upon entry
CONVERTIBLE TO GREEN CARDYes, after marriageYesYes

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