IMMIGRATION LAWYERS

FIANCÉE & MARRIAGE VISAS

Representing clients  throughout all 50 states and worldwide 

JONATHAN CHARLES CAPP ESQ., QUALIFIED US IMMIGRATION ATTORNEY & ENGLISH BARRISTER

PROVIDING REPRESENTATION WITH REGARD TO K-1 FIANCÉE VISAS, K-3 MARRIAGE VISAS, AND MARRIAGE BASED GREEN CARDS

The fact is bringing an overseas fiancée of spouse into the United States is much more complex than it perhaps should be. It is simply not just a  question of applying for a tourist visa for the overseas fiancée or spouse and applying for  their Green card once they arrive in the US.

For the dangers and pitfalls relating to fiancées or spouses traveling to the US on tourist visas or on the visa waiver program click here.  Also be aware of the three & ten year bars on re-entry for illegal entrants and over stayers. In this case a hardship waiver will be required.

In virtually every circumstance US citizens will be confronted with the following options should you wish to bring back an overseas spouse or fiancée.

1. The Fiancée Visa or K1 Visa

Basic requirements

For further details on the K1 fiancée visa click here

2. The Spousal/Marriage or K3 Visa

In order to be eligible for a K3 visa the overseas spouse and US citizen must already have married, normally in the overseas spouse's home country.

In this instance, the US citizen can apply for a K3 visa which will enable the overseas spouse to travel to the United States and where they can then apply for a Green card.

The K3 visa was introduced to enable overseas spouses to come to the US without incurring the lengthy wait periods which the full Green card application entailed.

For further details on the K3 visa click here

3. Apply directly for a Marriage based Green card through the US Embassy or Consulate in the overseas spouse's home country

An often overlooked but sometimes best option of all is to file directly for a green card/immigrant visa through the US Embassy or consulate in the overseas spouse's home country.

This is often a possibility when the US citizen is actually a resident in the spouse's home country, in which cases some Consulates or Embassies will accept the direct immigrant visa filing without requiring the issuance of a K3 visa or any kind of application to be filed in the US.

Note in the event that the US citizen is residing in the US this will most likely NOT be a valid option.

Fiancée (K1 visa) versus Marriage/Spousal (K3 visa) ?

Obviously if you are already married, then a fiancée visa will not be an option. It may simply depend on where you have set your heart on getting married.

If not already married, then whether or not it is worthwhile flying out to your fiancées country to get married so as to be eligible for a spousal (K3) visa will depend on several factors including the respective  processing times for a K3 application (filed with  the National Benefits Center in Chicago) or the processing times for a K1 petition, which will vary depending on where you live in the United States.

Please call for a consultation on that important point.

Visas for the children of your fiancée or spouse?

Any unmarried children (defined as being under 21 years old) of your spouse will be eligible fro K2 or K4 visas and will hence be able to accompany your spouse to the United States, and in most cases be eligible to apply for Green cards with their overseas parent.

How can I calculate how long the process will take?

This will depend , amongst other things, on which route you take, perhaps where you reside in the US, and which overseas US Consulate or US Embassy you will be dealing with.

U.S. qualified immigration lawyer and British Barrister at law.  Alumni of the Sorbonne University Paris, France.

Having himself emigrated from the United Kingdom, and having obtained his  green card and eventually U.S. citizenship, Mr. Capp fully  understands your situation with regard to your status in the US.  Mr. Capp has over ten years of experience in the field of US immigration law  and has given lectures in immigration law throughout the UK.

TO OBTAIN A FREE  CONSULTATION CALL:1- (800) 568 7601 or email: info@usvisasolutions.com

In Brazil call (+55) (16) 3911- 2988

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