A K1 visa is a visa for a fiancé(e) of a U.S. citizen, while a K3 visa is a visa for the spouse of a U.S. citizen. But what's the difference between a K1 and K3 visa?
The main difference between the two visas is that a K1 visa requires the couple to marry within 90 days of the foreign national's entry into the United States, while there is no such requirement for a K3 visa since they are already a spouse of a U.S citizen. In this article, we will list the requirements and procedures, similarities, and differences between both visas.
The K-1 visa is known as a fiancé visa. This visa is for a fiancé(e) of a U.S citizen. The visa allows for the engaged foreign partner to travel to the United States with the intention of marrying their U.S. citizen sponsor within 90 days of their arrival.
The marriage must be done bona fide meaning you will need to prove that you will marry in good faith and not for fraudulent or immigration purposes.
To be eligible for the K1 visa you must be:
You, as the U.S citizen sponsor, will file Form I-129F, Petition for Alien Fiancé(e) to USCIS for your Fiancé(e). You will need to include additional documentation proving the relationship and identification of each recipient. Ensure that you read through all the requirements correctly before you submit your application. Any missing documents may result in delays or you may even be denied.
After you file, the application will be checked for eligibility by USCIS. Then the application will be sent to the DOS National Visa Center (NVC) for processing. If approved, they will send the application over to the closest U.S. embassy where your Fiancé(e) lives.
Your fiancé(e) will be required to apply for a K-1 visa Form DS-160 at that location's Embassy or consulate.
The K1 visa fees are as follows:
Your fiancé(e) will attend an interview where he/she will be asked a series of questions relating to their relationship, background, and future plans for the marriage. It’s important your fiancé(e) knows what to bring to the interview and to be honest anytime during the questioning.
If the U.S. embassy or consular believes that the relationship is valid and there is no suspicion of foul play, they will grant the request for a K1 visa. Once granted, it is valid for up to six months and can only be used once at any U.S. port of entry.
After you marry, your fiancé(e) can apply for an Adjustment of Status (a green card) by filling out Form I-485, Application to Register Permanent Residence, or Adjust Status. This will include additional fees.
The K3 visa allows the spouse of a U.S. citizen to enter the U.S. temporarily while waiting for their permanent residency (a green card). Generally, most couples marry abroad and are seeking to settle in the U.S.
Before you decide to apply for the K3 visa, look at faster and better alternatives. The K3 visa takes longer and can be a complicated process.
In order to qualify for a K-3 visa, you must meet the following requirements:
To apply for a K3 visa you will need to file two petitions in the country in which you married.
You will also need to submit additional documents along with the completed and signed form.
Attach the following documents with your application:
The K3 visa fees are as follows:
Before you begin the application, ask your immigration attorney if this is the best option for you. For more information on applying for a K3 visa visit the USCIS website.
The interview will take place after Form I-129 has been approved by USCIS. You will be required to attend in person at the nearest U.S Embassy or Consulate. An officer will review your application and ask you a series of questions related to your application, relationship and marriage. Generally, you will hear back whether your request has been approved that day or by the end of the following day.
The K1 and K3 visas have many things in common. Here is the list.
Now let’s look at the difference between K1 and K3 visas.
Choosing between a K1 and K3 really depends on your situation with your partner. It can take up to 9 months for the K3 visa process to complete, which is the same amount of time it would take to obtain a marriage green card, so many people avoid taking this route. Other options also include the spousal visa under the IRI or CR1 categories. Nevertheless, before you make a decision, contact an immigration attorney, they will direct you toward the best option for you.
Not necessarily, however many prefer the K1 fiancé Visa over the K3 Marriage Visa. The K1 visa is less expensive, faster and easier to obtain.
The main difference between the K1 and K3 visas is that a K1 visa is for a foreign partner (who is not yet married to a U.S citizen) and a K3 visa is for a spouse (already married) to a U.S citizen.
A K3 visa is a lengthy process. First, you will need to get Forms I-130 and I-129F approved. Then you will need to submit Form DS-160 and attend a scheduled interview. Generally, the process can take anywhere from six to nine months or more (depending on any delays in any part of the application).
