Choosing Between the K1 Fiancee Visa or K3 Spouse Visa

With either the K1 Visa or the K3 Visa, you are going to have to "prove the validity of your relationship". Proving the validity of your relationship means the burden of proof is on you to demonstrate that your relationship was NOT created so that a foreign person could skirt immigration laws and relocate to the United States. You’ll need to show photos of the two of you together in the past two years along with any supporting correspondence like emails that show an evolving and growing relationship. It is essential to make a persuasive case on this issue. Regardless of which marriage related visa you choose, you definitely need to gather the proof for the USCIS as if you were a lawyer gathering evidence for a trial.

K1 or K3

There are numerous considerations to take into account when deciding on whether to apply for a K1 visa or a K3 visa. It is very important to know the facts. There are many positives and negatives to either the K1 visa or the K3 visa. If you want to marry in the United States, then you'll want to consider the K1 fiancee visa. If you want to marry in the fiancee's country, then you'll want to consider the K3 marriage visa. If, however, the two of you are already married, then you cannot choose the K1 visa, and you'll probably have to go with the K3 visa.

An Overview of the K1 Visa

1. The K1 visa only goes one way. The foreign fiancee does not get to travel back and forth, between countries, with this visa. This visa is ONLY for an entrance into the United States.

2. The K1 visa is a one time visa. Once this visa expires, the immigration officials are not going to simply extend another one. It's "one and done" for the K1 visa.

3. The K1 visa is for 90s. And that's a STRICT 90 days.

4. The K1 visa is not extendable. This essentially repeats Number 3. The fact remains: You need an organized plan and you need to know what you're doing with this visa.

5. The K1 visa is a non-immigrant visa. Whereas some visas are issued for the more permanent purpose of obtaining permanent immigrant green-card status, the K1 visa is issued strictly on a temporary basis.

6. The K1 visa is issued for one purpose---to allow the foreign fiance to marry a U.S. citizen in the U.S.

In conclusion, The K1 visa allows the foreign fiancee a one way, one time entrance into the U.S. for a firm 90 day period in order to allow the foreign fiancee to marry the U.S. citizen. If the marriage does not occur within 90 days, the foreign fiancee must return to her native country. No exceptions.

It is important to note: Immigration officials tend to scrutinize the legitimacy of a K1 relationship more than a K3 relationship. The reason for this is that the K3 couple is already married, but the K1 couple is not yet married---and may have only recently met each other. This is why establishing this proof of a legitimate relationship is essential.

Unfortunately, it can often be a real challenge to properly establish proof of a legitimate relationship. For example, how would you prove that both of you were together in the last two years? How are immigration officials going to know that the photo you are showing them was taken within the past two years? You may need to do some serious detective work to gather all the evidence.

An Overview of the K3 Marriage Visa

1. The K3 visa is NOT a one way visa. The foreign spouse may travel back and forth, between countries, with this visa (subject to certain limitations).

2. The K3 visa lasts for two years.

3. The K3 visa is extendable...in two year increments.

4. The K3 visa is a non-immigrant visa. Whereas some visas are issued for the more permanent purpose of obtaining permanent immigrant green-card status, the K3 visa is strictly understood to be temporary, but it's just "less" temporary than the 90 day K3 visa.

5. The K3 visa is issued for one purpose---to allow the foreign spouse to move to the U.S. after marrying a U.S. citizen.
The K3 visa can provide meaningful advantages in connection with the foreign spouse's desire to travel and work. There are fewer restrictions with this visa than with the K1 visa.

K1 and K3 differences

1) Quite often, it's easier to obtain the K1 visa than the K3 visa. The reason is that the K1 visa requires less documentation. As a result, the K1 is also faster to get than the K3 visa.

2) The process in bringing children to the U.S. is simpler in connection with the K1 visa than it is with the K3 visa. This can be a huge advantage in some cases.

3) The K1 Visa is much more strict on the time frame and the refusal to grant extensions. If a mistake is made, the foreign fiancee could be sent back to her native country. The result of this return would be a MINIMUM wait period of 24 months before reapplying. The K3 visa, is much longer, so there’s more room to correct errors or resolve unexpected issues which may crop up. Additionally, it's much easier to gain an extension with the K3 visa.

Each of these visas has distinct advantages and disadvantages. It is very important to understand these distinctions when making a choice. For more information, please see our article called"Which is Better: The K1 Visa or the K3Visa?"