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K-1 Fiancee Visa or K-3 Spousal Visa?
Posted By admin On 5. July 2009 @ 01:41 In marriage visa, fiancee visa general info | No Comments
We often get questions regarding which visa to apply for. Is it better to bring a fiancee over on the K-1 fiancee visa or marry him/her abroad and apply for a K-3 spousal visa. The chart below provides some helpful information which should help you determine which option is better for you and your spouse.
|
|
K-1 Visa |
K-3 Visa |
IR-1 Visa |
|
Visa type |
Non-immigrant |
Non-immigrant |
Immigrant |
|
Approximate total processing time |
9-12 months |
9-12 months |
12-24 months |
|
Where do I file the petition? |
Only in U.S. |
Only in U.S. |
May file abroad |
|
What petition form do I file? |
I-129F only |
I-129F and I-130 |
I-130 only |
|
Are there any major restrictions I should know about? |
Single entry. Valid for 6 months; to marry petitioner within 90 days of entry to the United States and must adjust status. |
Multiple entry. Valid for two years, but must adjust status within 2 years. |
LPR status. Processing for green card begins on entry. |
|
Can my fiancée/fiancé or spouse take her/his children? |
Yes. Only unmarried children under 21 but must be issued K-2 visa within one year of the K-1 issuance. |
Yes. Only unmarried children under 21. |
Yes, but separate IR-2 petitions must be filed for each child. Stepchild must be younger than 18 years old at time of parent’s marriage. |
|
Is an interview required? |
Yes |
Yes |
Yes |
|
Which Affidavit of Support do I use? |
I-134 |
I-134 |
I-864 |
|
Does the Embassy need the original petition & documents from USCIS? |
Yes. |
Yes. |
Yes. |
For a personalized review of your available visa options, please call our law firm at 626-771-1078 or visit us at [1] www.myfianceevisa.com
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