K1 Fiancée Visas vs. Marriage Visas and K3 Visa

K1 Visa

A K1 Fiancée Visa allows the foreign fiancée of a U.S. Citizen to enter the United States with the intentions of getting married within 90 days of entering the United States. K1 Visas are generally preferred (over the Marriage Visa and K3 Visa) as the visa of choice for engaged international couples as they are considered the easiest, quickest, and least expensive route.

K1 Visas generally take between 2-6 months from the time the I-129F Petition is filed at a USCIS Service Center to the day the K1 Visa is issued. First, the Petition is filed with the USCIS. Once approved, the Petition is sent to the overseas embassy for further processing, the fiancée interview and the eventual issuing of the K1 Visa.

Marriage Visa

In contrast, a Marriage Visa allows the foreign spouse of a U.S. Citizen or U.S. Resident to enter the United States for the purposes of immigration. While processing times have gotten significantly better throughout 2004-2005 for U.S. Citizens, the K1 Fiancée Visa is still quicker and simpler for unmarried international couples seeking to get married.

Marriage Visas generally take between 4-21 months from the time the I-130 Petition is filed at a USCIS Service Center to the day a Marriage Visa/K3 visa is issued. First, the Petition is filed with the USCIS. Once approved, the Petition is sent to the overseas embassy for further processing, the spouse interview and the eventual issuing of a visa. U.S. Residents must wait an additional period of time--until an Immigration Visa Number becomes available--after the USCIS approval, which can add several more years to the timeline.

K3 Visa

The K3 Visa was designed to speed up the waiting times for married couples who have a pending Marriage Visa Petition with the USCIS. The K3 Visa allows the foreign spouse of a U.S. Citizen to enter the United States, but only after an overseas marriage. The I-130 Petition filing (marriage visa petition), K3 Visa Petition approval and K3 Visa issuance follow. A K3 Visa is only available to a spouse of a U.S. Citizen and not a spouse of a U.S. Resident, and only when the marriage took place in the country abroad where the visa will be issued.

Thus, Marriage Visas, or a K3 Visa, are generally recommended for those who have already been married overseas, or are in unique/rare situations where they must be married in a foreign country. A Marriage Visa/K3 Visa is typically more complex, slower, and the more expensive route compared to the K1 Visa.

If you are already married and living abroad you will have to apply for the Marriage Visa/K3. If you and your fiancée are not yet married and you are still uncertain about a Marriage Visa/K3 Visa or Fiancée Visa, you may want to consider the following:

*Processing Timelines

K1 Visas--You can begin the petition for a Fiancée Visa immediately, assuming that the couple have met within the last two years and meet other requirements.

Before you can begin the petition for a Marriage Visa/K3 Visa, the couple must first be married in the foreign country where, for many, there are residency and waiting period requirements--not to mention the problematic logistics of work schedules, finances and traveling.

*Staying Together vs. Separation

With a K1 Visa, once the couple is married in the United States, the foreign newlywed is free to stay in the United States and immediately begin life with their new spouse.

Whereas, with a Marriage Visa/K3 Visa, once the couple is married, the foreign spouse must remain overseas and the U.S. Citizen or Resident must return home alone (assuming they work or have other responsibilities). The foreign spouse must stay in the country of marriage until they are issued a marriage visa or, a K3 Visa Petition is also filed, and a K3 Visa is issued.

*Overseas Marriage vs. Overseas Marriage Celebrations

Instead of getting married overseas (and filing for a K3 visa), most of our clients opt for the K1 Visa. If having a ceremony overseas is very important to the couple, they may still have an "unofficial marriage celebration" with family and friends overseas--before or after--the official/legal marriage in the United States. The U.S. only recognizes "civil" marriage ceremonies and not "engagement/pre-marriage" celebrations when defining marriage.

If you have any concerns or have further K1, Marriage Visa or K3 Visa questions about which is the right visa for you, feel free to contact us and we will be happy to discuss your options.