K1 Vs. K3 Visa

The K-1 visa is for those engaged to an U.S. citizen while the K-3 visa is for those who are already married.

The K-1 and K-3 visa are both considered marriage visas; though they are non-immigrant visas, their purpose is to allow the holder to enter the United States and then apply for permanent residency. Both the K-1 and K-3 are permitted only for those engaged to or married to a U.S. citizen.

K-1

The K-1 visa is for fiancé(e)s of U.S. citizens wishing to enter the United States for the purpose of immediately marrying and applying for permanent residency. The K-1 visa is only allowed for fiancé(e)s of citizens; the fiancé(e)s of permanent residents (green card holders) do not qualify. K-1 visa holders must marry within 90 days of entering the United States.

K-3

The K-3 visa is for those already married to U.S. citizens who wish to enter the United States and wait for their immigrant petition to be filed and accepted. As with the K-1, spouses of permanent residents do not qualify for the K-3.

Application

Application for the K-1 is extensive, requiring the I-129F petition, interview, application and many supporting documents, forms and a medical examination. The K-3 visa requires both the I-129F petition and I-130 petition as well as an application interview in the country where the marriage took place. All forms must be filed with the U.S. Citizenship and Immigration Services (USCIS).

Green Card

After entering the United States, both K-1 and K-3 visa holders must apply for a green card by filing Form I-485. K-1 visa holders can only file I-485 after they are legally married.

References

• USDS: Spouse and Fiancé(e) of an American Citizen