How to Choose Between a K1 Visa and a K3 Visa

Before you and your foreign love tie the knot, decide which visa will work best for you both.

Rate: (1 Ratings)

The K1 or fiancé visa and the K3 or spousal visa are two types of non-immigrant, family immigration visas. While both allow the foreign fiancé or spouse entry to the U.S. to live permanently, there are some significant differences between the two visas. Couples should discuss the following differences between the K1 and K3 visas to make the best choice for both of you.

Flag Article

Instructions

Difficulty: Moderate

Step1

K1 approval is typically quicker than K3 approval because the K1 submits only one petition while the K3 visa requires two petitions submitted one after the other.

Step2

K1 visa holders must apply for an advanced parole document if they want to travel outside the U.S. (prior to receiving permanent resident status). Advanced parole is not required for K3 visa holders because the K3 is a multiple-entry visa allowing travel outside the U.S. for up to two years.

Step3

Since K3 couples file for the visa after marriage, wedding planning may be easier because they are free to marry anywhere at anytime. K1 couples must marry on American soil within 90 days of activating the K1 visa and entering the U.S.

Step4

After K3 couples marry, the foreign spouse must return to his country during the visa application process. K1 couples also “wait it out” in their respective countries during the process but once approved and married, there is no need for separation.

Tips & Warnings

On average, approvals can take anywhere from 6 to 18 months.
Couples may visit each other's country during the visa application process (with appropriate travel documentation). The foreign fiancé/spouse should take care to bring evidence of ties back to their home country as the immigration officials will want assurance that the foreign fiancé/spouse is not entering the U.S. with the intention of staying permanently.
If you choose to apply for a K1 visa, DO NOT marry before the visa is approved and you enter the U.S. Marrying will make you ineligible for the fiancé visa and you will have to restart the process to apply for a K3 visa.
Consult U.S. Citizenship and Immigration Services for the most current policies and procedures, follow instructions provided on the forms and consult an immigration attorney if you have any questions.

Resources

Photo/Video Credit

Photo courtesy of rejanegw at sxc.hu

Comments

JenMcFadyen said

Flag This Comment

on 12/28/2007 Hi Karen! My response is based on what I've read on immigration forums about other people's experiences. I'm not a lawyer. Please contact a qualified immigration lawyer for the proper legal response before taking action.

I've read that tourists who have had a spur-of-the-moment wedding while visiting a U.S. citizen may apply for an adjustment of status (AOS) to stay permanently in the U.S. During the AOS processing, the foreigner would not be able to leave the U.S. A K3 visa would be unnecessary at this point since the K3 allows entry to the U.S. Because the foreigner has already entered, s/he would go straight to an AOS.

Please remember - the foreigner must not enter on a tourist visa with intent to marry. If it is found that the foreigner had intent to marry when s/he entered on a tourist visa, the AOS will be denied and the foreigner will have to leave the U.S.

kathamy said

Flag This Comment

on 12/28/2007 If a foreigner marries a U.S. citizen while on a tourist visa, will he be allowed to stay in the U.S. on that tourist visa while awaiting the K3?

View All