A Quick Lesson on K Visas
K1 / K-1 VISA: Non-Immigrant Visa for a Foreign Fiancé(e)
American citizens wishing to bring their foreign fiancé(e)s to get married and to live in the United States must file an (I-129F) Petition for Alien fiancé(e) in the United States. The I-129F petition must be filed with the Department of Homeland Security and U.S. Citizenship and Immigration Services at the USCIS Immigration Field Office in the area of residence. This petition cannot be filed at an embassy, consulate, or U.S. Immigration Office abroad.
IR-1 or CR-1 Visa:
Immigrant Visa for a Spouse of a U.S. Citizen
American citizens can obtain immigrant visas for their spouses by filing a Petition for a Relative Alien (Form I-130) with the Department of Homeland Security and U.S. Citizenship and Immigration Services within the United States at the USCIS Immigration Field Office in the area of residence. Because the petitioner must fill an affidavit of support (Form I-864) that is required for all (IR1) immigration cases, the applicant must have a residence within the U.S. before an immigrant visa can be issued to the spouse.
K3 / K-3 Visa: Non-Immigrant Visa for a Spouse
Spouses of U.S. Citizens, along with the spouse's children, are eligible to enter the United States and remain in the country to complete their immigration process on non-immigrant visas (K-3 and K-4). K-4 visas are issued to a child only after the parent has obtained a K-3 visa or is in K-3 status. The application for a non-immigrant visa for spouse (K-3) must be filed in the country where the marriage took place, because it is there that the visa must be issued. After the spouse has completed the visa process and obtained the visa, the spouse is able to travel to the U.S. to wait for the immigrant visa case to be processed. This process requires two petitions:
If you have a question about a K visa or any other question regarding an immigration issue, call my office at 616-233-9300 or email me at rfmirque@mirquelaw.com
I am currently with my new wife in the Philippines I am looking for an attorney to assist me in the filing of the necessary forms to bring her to the states. I will return home on the 20th of August and will be looking to start the process as soon as possible. I also would like to know if there is any copies of documents of hers i should have to assist in filling out the paperwork. thank you for your time
David N.
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