The Law Office of Claudia Grégoire offers years of experience in helping clients obtain fiancé (K-1), spousal visas (K-3), and immigrant visas at dozens of U.S. Embassies around the world. Individuals outside of the United States are eligible to apply at a U.S. Department of State Consulate or Embassy abroad.
K-1 visas allow fiancées of US citizens to come to the US to get married and are now available for both traditional and same-sex marriages. The U.S. citizen must first submit an I-129F petition demonstrating the bona fide relationship between him and the fiancée and their intent to marry within 90 days of the fiancée’s entry into the U.S. Once the I-129F petition is approved, U.S.C.I.S. forwards the file to the appropriate U.S. consulate abroad, where the fiancée will apply for her fiancée visa and undergo an interview.
Spouses of U.S. citizens who reside abroad may be eligible to obtain a K-3 visa based on their marriage. The K-3 visa is intended to shorten the time that individuals abroad must be separated from their U.S. citizen spouses. In practice however, the K-3 visa process often takes just as long as the application for an immigrant visa.
The children of K-3 visa applicants may be sponsored for K-4 visas. In order to apply for a K-3 visa, an I-129F Petition for Alien Fiancé must be pending and the receipt submitted with an I-130 Petition for Alien Relative.
The spouse of a U.S. citizen residing abroad may elect not to apply for a K-3 visa, but rather to file only an I-130 Petition for Alien Relative, which is later forwarded to the National Visa Center and the appropriate U.S. consulate for processing of an immigrant visa. Upon entering the U.S. with the immigrant visa, the spouse becomes a lawful permanent resident and will receive a green card shortly after entry. Those who have been married for less than two years will be granted conditional permanent resident status. One year and nine months prior to the expiration of their green card, they will need to file an I-751 Petition to Remove Conditions on Residence.