There is provision for non-US citizens to obtain visa to immigrate to the US on grounds of marriage (pre-marital or post-marital) with a US citizen. Such visa for marriage in USA mainly falls under two broad types: the K1 Visa and the K3 Visa .
K1 Visa :
The K1 Visa or Fiancé visa USA is available for foreign-born fiancées of US citizens who intend to immigrate to the US for marriage purpose. It was introduced around 2000 to make it easier for US citizens desiring to marry foreigners. It helps in avoiding initial hassles by allowing the fiancé to enter the US without obtaining the green card, which can be received afterwards while staying in the USA.
Procedure for obtaining Fiancé visa :
The application for visa is filed on a USCIS Form I-129F by the sponsor on behalf of the fiancée
The fiancé will be interviewed by the US consulate abroad
In case the visa is issued, the fiancé gets a time period of 6 months within which he has to apply for entry (this is done at the US airport) in the US. The entry can be only once, i.e., for the purpose of marrying the US citizen sponsor (within 90 days of entry). The fiancé can also apply for visas for children to enter at the same time.
Documents required :
Valid passport
Birth Certificate
Divorce or death certificate (if any) of previous spouse
Police certificate from all places lived since 16 years of age
Medical examination report
Evidence of valid relationship with the petitioner
Photographs
K3 Visa :
The K3 Visa is to enable the foreign-based spouse of a US citizen to immigrate to the US.
Condition for applying for K3 Visa:
For petitioning an immigrant visa for spouse, the petitioner's relationship with his/her spouse must be duly recognized. Petition cannot be filed until the marriage ceremony has taken place. Spouses of U.S. Citizens will fall under the Immediate Relative Category.
Application Procedure :
Filing an immigrant visa petition with Form I-130 with the Department of Homeland Security, U.S. Citizenship and US immigration Services (USCIS). The USCIS issues a receipt (I-797) acknowledging filing of the I-130 petition
Applying for a non immigrant K-3 visa which will enable the spouse to live and work in the United States, while the petition is pending
For Green Card Holders' spouse, application can be made for the V Visa
If the Petitioner is a US Citizen, the spouse is considered an immediate relative and is eligible for an immigrant visa (in case the petition is approved)
If the Petitioner is a Permanent Resident, and If the spouse is legally inside the US. When the visa petition is approved and when an immigrant visa number is available, he or she may use Form I-485 to apply for adjustment of his/her status to that of a lawful permanent resident (LPR) .
Besides the K1 and K3 Visas, there are visa provisions to enable the children of the petitioner and his/her spouse to migrate to the USA. While the K2 Visa is meant for unmarried children of below 21 years of age of K1 Fiancé(e) Visa applicants, K4 Visa is suitable for meant for children of below 21 years of age of K-3 visa holders.
For more information on Visa For Marriage in USA, please refer to www.mapsofworld.com .
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