The Firm advises both U.S. citizens and foreigners regularly on fiancée visas (K-1). There are also visas available for recently married spouses of U.S. citizens living abroad (K-3). Although the applications may seem easy to file, the regulations which apply to these cases are quite specific. For example, a foreigner must obtain a K-3 visa in the country where she married. Advice from an immigration professional will avoid costly and sometimes irreparable mistakes.

Fiancés, spouses, and children of US citizens or Legal Permanent Residents who live abroad can enter the United States on nonimmigrant visas. These include the K-1 visa for fiancé, the K-3 visa for the spouse of a US citizen, and the V visa for the spouse or child of a Legal Permanent Resident.

The K-1 Visa is for a fiancé of a US Citizen whose single purpose is to enter the US to conclude a valid marriage. The foreigner must marry within ninety days after entering the United States. Minor children of the fiancé can accompany them on a K-2 Visa.

The procedure requires proving not only that the couple has a valid relationship but also proving intent to marry immediately upon entry. Therefore, this is not the type of visa that is recommended for a foreigner who wishes to determine whether or not in the future she will marry her long-distance US citizen male companion. One major reason why a K-1 visa would be discouraged in that situation is because if the K-1 enters the United States and then determines she does not want to marry the US Citizen, she must leave. Unlike other foreigners who enter and then overstay, a K-1 will never be able to obtain residency based on marriage to another US citizen in the future.

The criminal record of the petitioner is also very important in K-1 cases. For obvious reasons, persons who have been convicted of domestic violence, sexual assault, child abuse or other violent crimes cannot petition a foreign spouse.

A K-3 visa is for the spouse of a US citizen. Although the spouse of a US citizen is an immediate relative and is entitled to an immigrant visa which will allow him or her to enter the United States as a Legal Permanent Resident, there may be strategic advantages to obtain a K-3 Visa. For example, an unmarried child of a K-3 only needs to establish the relationship to his or her parent to receive a K-4 Visa. She does not need a separate petition by the US citizen.

If the I-130 petition has been approved and received at the consular post abroad, a K-3 visa will not be issued. Instead, an immigrant visa will be issued. Once the foreigner is within the United States, if the I-130 petition, the Immigrant Visa, or the later Adjustment of Status is denied, the foreign national must leave the United States within thirty days after that denial. Like a K-1, a K-3 cannot adjust status except on the basis of the marriage to the same US citizen who initially petitioned for her.

The V visa is not available for Legal Permanent Residents who are currently petitioning their spouse or children. Instead the V-1 is for spouses and the V-2 are for children of Legal Permanent Residents who filed an I-130 petition prior to December 21, 2000 and the petition has been pending for three or more years. This visa is also available if the petition has been approved but three or more years have elapsed and a V visa number is not immediately available or the visa number is available but the immigrant visa or adjustment application is still pending. Because these types of visas apply to petitions that were issued in the year 2000, almost all V visa cases have been resolved at this point.