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what is the difference between k1 and k3 visa

by Brannon Wintheiser Published 2 years ago Updated 1 year ago
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Differences between K1 and K3:

  • K1 visa is for a fiance (fiancee) of a U.S. ...
  • K1 visa doesn't require an immigrant petition (I-130), while K3 visa must have an immigrant petition filed for the beneficiary.
  • K1 visa holders must adjust status to obtain green cards, while K3 visa holders may choose adjustment of status or consular processing after I-130 approval.

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The main difference between a finance (K1) visa and a spouse (K3) visa is that a fiance visa is issued to a foreign citizen who is not yet married to a US national, while the spouse visa is for legally married couples (a US citizen plus a foreign citizen).

Full Answer

Which one is faster K1 visa or K3 visa?

This usually means photo identification and an official copy of your marriage license, but it varies depending on where you live. How quickly do you need to get to the States? Generally speaking, a K1 visa is faster for immigrating couples than a K3 visa because it requires only one application – rather than two with the K3.

What is the difference between a K1 and K3 visa?

While the K-1 visa allows your fiance to join you in the country faster, this option also comes with a higher price tag. Additionally, the K-3 visa allows for multiple entries into the country, while the K-1 visa allows for only one. Both the K-1 visa and the K-3 visa enable U.S. citizens to live in the country with a foreign spouse.

What do you need to know about the K1 visa?

The Port of Entry phase for an K-1 (Fiance (e)) Visa consists of the following steps:

  • Travel to and enter the United States
  • Stand in line for immigration interview
  • CBP immigration officer interview
  • Get your luggage (baggage claim)
  • Customs Check
  • Exit

How long is K3 visa valid for?

K3 Visa Validity. The K3 visa is valid for only 2 years. It can be renewed in 2 year increments, but will be revoked in case the US Department of State rejects Form I-130, the application for Lawful Permanent Residence, or if the couple gets divorced. ... How Long is the K3 Visa Processing Time?

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Which one is better K1 or K3 visa?

K1 Fiance Visas are generally preferred (over the Marriage Visa and K3 Marriage Visa) as the visa of choice for engaged international couples as they are considered the easiest, quickest, and least expensive route.

Is K3 faster than K1?

Finally, because K3 Marriage visa applicants are married before they enter the United States and they file their immigration petition prior to or at the same time as the K3 visa petition, they typically obtain permanent residence status (green card status) a few months faster than K-1 fiancé applicants.

What is a K3 visa for?

What is a K-3 Visa? The K-3 visa allows the spouse of a U.S. citizen to enter the United States with temporary legal status while waiting to obtain permanent residence (a “green card”).

Who is eligible for K3 visa?

The K3 visa applicant must fulfill them, as follows: Be married to a US citizen – the US does not recognize living together as being married. The couple must present valid documents that the marriage is legal. The US citizen must have filed a Form I-130 for the spouse from a foreign country.

How much does a K3 visa cost?

Currently, the processing fee for the K3 visa is $265. The embassy or consulate where the foreign spouse resides will then schedule an interview with the applicant. It is usually scheduled 4-6 weeks after notification is given to the applicant.

How much money do you have to make to sponsor a K-1 visa?

In dollars and cents, this means that you must have stable earnings of at least $16,910 per year for a two-person household (in 2019) to qualify as financial sponsor for a fiancé(e) visa petition, and you must have stable earnings of at least $21,137 per year for a two-person household to qualify as financial sponsor ...

How long is K3 visa valid?

two yearsYou may also obtain employment authorization if you file a Form I-765 Application for Employment Authorization. The K-3 visa is valid for two years. The visa holder may travel and reenter the U.S. multiple times.

Is it worth it to apply for K3 visa?

However, for most applicants, the K-3 visa isn't worth it. In 2019, U.S. Citizenship and Immigration Services (USCIS) issued only five K-3 visas. Since the K-3 visa processing time usually takes six to nine months, it will take you just as long to get your K-3 visa as it would to get your marriage green card.

Which is better K3 or CR1?

The K3 visa holder can only apply for a work permit after entering the US. On the other hand, a CR1 visa is an immigrant visa. CR1 visa applicants need to wait in their home countries for the application for US legal permanent residence to be processed.

How long does it take to bring spouse to USA 2022?

Average time -- Five to 14.5 months (as of early 2022) for approval of the Form I-130, and additional time depending on individual circumstances. Summary of the Process -- The U.S. citizen starts the process by filing a Form I-130 with USCIS, either online or by mail.

Can my wife stay in the US while waiting for green card?

Adjustment versus Consular Processing In most cases, spouses who are eligible to adjust status prefer to do so. It allows the foreign spouse to stay in the United States while waiting for the marriage green card. On the other hand, consular processing can often result in quicker processing times.

How long does it take for spouse visa to be approved?

Spouse Visa Processing Time Visa processing usually takes around 3-5 months. If you are a permanent resident, you must wait for a visa to become available for your spouse, based on their priority date. This can vary depending on the spouse's home country, but the typical time is around 24 months.

How long does it take to get a dependent visa for USA?

The Dependent Visa for the US takes anywhere between 7 days to 90 days for the approval (or rejection) by the USCIS. A Dependent Visa application can be turned down by the USCIS if it is not filled correctly.

What Is the K1 Visa?

The K1 visa is a fiance visa. Couples can apply for a K1 visa to bring their loved ones to the United States as long as they are engaged, with a few conditions.

Is a K3 visa rare?

Ultimately, there’s very little point to the K3 visa these days. Because the CR1 processing time has shortened, USCIS considers the need for a K3 visa to be rare, and very few applications are approved.

Is a K1 visa faster than a CR1 visa?

The K1 visa is still quicker than the CR1, which means you’ll be in the States with your loved one sooner. If your plan was to file the CR1 and then K3 for both the advantages the CR1 can bring and the speed, you should think again.

Applying For The K1 Visa

Part of the process in applying for the K1 Visa is being able to establish the validity of the relationship. The couple must be able to demonstrate that they have known each other for a minimum of two years prior to the engagement.

After The K1 Visa Is Granted

The K1 Visa is a single entry visa and is awarded for a temporary basis. Once the approval is given, the foreign national fiancé has six months in which to enter the United States, then he/she has 90 days, upon entering the country, to marry the fiancé who has made the application.

The K3 Visa Application

The K3 Visa is applied for after the legally recognized marriage has taken place; it must be applied for in the country where the marriage occurred. Like the K1 Visa, this application is also made by the United States citizen and will be made on the Form I-130, Petition for Alien Relative.

Contact An Experienced Immigration Attorney

Coordinating with embassies and navigating government paperwork can seem daunting.

What is a K1 visa?

K1 visa is for a fiance (fiancee) of a U.S. citizen (before marriage), while K3 is for a spouse of a U.S. citizen (after marriage).

How long is a K1 visa valid?

K1 visa is valid for six months, while K3 visa is valid for two years.

Is a K3 visa considered a non-immigrant?

Both K1 and K3 visas belong to the non-immigrant category, but visa holders are considered immigrants.

What is a K-3 visa?

The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition. K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa. It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place. Learn more in the Applying for a Visa section below.

How Long Will It Take to Get My K Visa?

For Form I-129F, Petition for Alien Fiancé (e), you can visit the USCIS website for the status of your petition.

What do you need to present to the consular officer for a visa interview?

During the visa interview, applicants will be required to present evidence to the Consular Officer that they are not likely to become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen spouse is able to provide support.

How to apply for a visa for a foreigner spouse?

Embassy or Consulate where you, the foreign-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.

What is an I-134 form?

Evidence of financial support ( Form I-134, Affidavit of Support may be requested)

Can a spouse file for a K-3 visa?

citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval , a K-3 applicant must meet some of the requirements of an immigrant visa. It should be noted that under U.S.

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when a Form I-864 is needed. Applicants using Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

What is the K-3 visa?

The K-3 nonimmigrant visa is for foreign spouses of U.S. citizens. This visa category helps spouses unite with their partners in the United States sooner because it allows foreign citizens to enter while waiting for their immigrant visa petition's approval. K-3 visa recipients can adjust their status to become permanent residents or green cardholders.

Do children of a K-3 visa holder also get status?

Yes, your unmarried children under 21 can receive K-4 visas based on your Form I-129F. However, you must include your children as dependents on your petition. You will also have to submit separate visa applications and K-4 visa fees for each child.

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