Getting Started

The first thing that needs to be ascertained is whether to get married here in the USA or in your fiancee’s country of residence. Both types of visas offer distinct advantages/disadvantages depending on your particular situation. K-1 advantages: If you live in the Northeast, this is the fastest way to be together You will spread the many USCIS fees out over time If for some reason she doesn’t turn out to be the woman whom you expected, there is no obligation to marry Your family and friends can attend the wedding You’ll not need to provide Apostilled documents to the US Embassy If she has a minor child, there is the opportunity for that child to “follow to join” up to one year later (giving her time to get adjusted to her new life without added stress) K-1 disadvantages: If you live in the Midwest or Northwest it is the slowest way to be together You’ll have more separate applications to file to gain the same benefits as a K-3 If she is less than completely committed to the relationship, you could be paying the bill for a very expensive vacation for her. Her family and friends will most likely not be able to attend the wedding All of her required documents will need to be translated to English She will likely need to wait at least 6 months before travel abroad is possible It is a 90 day single entry visa K-3 advantages: It is as fast or faster than a K-1 if you live in the Southeast, Southwest, Midwest, or Northwest of the US Work and travel authorization are included in the cost of the application (it is a two year multi-entry visa) Her family and friends can attend the wedding K-3 disadvantages: Larger up-front cost Your documents will need to have an Apostil stamp certified good for her country of residence and you will be subjected to all the bureaucratic red tape of her gov’t. If for some reason she doesn’t turn out to be the woman whom you expected, you are still married and subject to all related Family Law provisions in your area in addition to the Affidavit of Support you’ll be required to file with USCIS at the time of your application. If she has a minor child, that child must emigrate at the same time Once you’ve decided which visa is right for you, you must determine if you qualify. K-1 eligibility requirements: Only a U.S. citizen can file a fiancee petition. In your petition you must prove that: *You are a U.S. citizen; and *You and your fiancee intend to marry within 90 days of your fiancee entering the U.S.; and *You are both free to marry; and *You have met each other in person within two years before you file this petition unless: 1. The requirement to meet your fiancee in person would violate strict and long-established customs of your or your fiancee’s foreign culture or social practice; or 2. You prove that the requirement to personally meet your fiancй(e) would result in extreme hardship to you. *Your income must be at least 125% of the current year poverty guidelines unless you are active duty military, in which case you must meet 100% K-3 eligibility requirements: A citizen or lawful permanent resident of the United States may file this form with U.S. Citizenship and Immigration Services (USCIS) to establish a relationship to certain alien relatives who wish to immigrate to the United States. *You must file a separate form for each eligible relative. *Your income must be at least 125% of the current year poverty guidelines unless you are active duty military, in which case you must meet 100%