K-1 or K-3 VISA?: Differences and requirements to process one if you get married in 2024

K-1 or K-3 VISA?: Differences and requirements to process one if you get married in 2024


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The permanent residence derived from marriage is very popular in the United States. However, before obtaining that precious document, there had to be a precedent with one of the ‘american visas of love’: the K-1 visa wave K-3 visa. Even today, many people believe that it is the same procedure, and although they share the premise that a foreigner marries an American citizen, their conditions and factors are different. Below, we explain in detail:

What are the differences between the K-1 visa and the K-3 visa?

Broadly speaking, the difference lies in the current status of the applicant couple. If they are already married because they celebrated the union outside the United States, they need the K-3 (or spouse visa;) but if they are only engaged and intend to celebrate the wedding in the United States, they require the K-1 visa (the famous ‘fiancé visa.’) Whatever the case, today we review the main requirements for each document. Pay attention to the details:

Requirements to process the K-1 visa (fiancé visa)

  • First filter: Be engaged to a US citizen, or a permanent resident
  • Renewal: Not applicable. A period of 90 days is established to celebrate the civil union, which if not finalized, may lead to the deportation of the foreign spouse.
  • The application fee is $325 dollars.
  • Proof must be provided that the relationship is genuine
  • The American spouse must have filed the Form I-129F: Petition for Foreign Fiancé
  • The spouse must also demonstrate that he or she is able to financially support his or her fiancé.
  • It is essential that the couple have seen each other in person at least once, with two crucial exceptions: the culture/religion of the foreign spouse prevents them from seeing their partner before marriage, or the American spouse suffers from health problems that make them prevent travel

Requirements to process the K-3 visa (spousal visa)

  • First filter: Be married to a US citizen or a permanent resident
  • Renewal: Renewable in two years
  • The application fee is $265.
  • The American spouse must have filed the Form I-130: Petition for Alien Relative
  • Proof must be provided that the marriage is legal, and sponsored by at least one competent civil authority.
  • Both spouses must prove that all previous marriages they had (if any) have legally ended. At this point, death certificates and/or divorce certificates must be properly presented, all of them properly letterheaded and signed.
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