Immigration Law: Fiancé and Spouse Visa

If you are a US resident and want your spouse to migrate to your country there are several rules that you need to follow. Your partner will have to apply for either marriage visa or fiancé visa. Different laws are applicable for marriage visa and fiancé visa. Keep on reading this article to know about these visas in details.

Marriage Visa: K-3 Visa

K-3 Visas allow the spouse of a US citizen to enter the country lawfully. If you wish your spouse to enter US before the immigration procedure is over, K-3 Visa can help you. But your spouse needs to match certain criteria to obtain a K-3 visa. You can seek professional help from an immigration attorney to ensure that the process goes smoothly.

Some of the common criteria to meet include:

o The pleading spouse has to be a US citizen

o The US citizen's marriage to the foreign spouse must be legal

o The foreign spouse must be admissible to the country


These rules are applicable for your spouse. Your spouse's children are also allowed to migrate to US. For them K-4 visa will be applicable. Your spouse's children can have access to K-4 visa if they are below the age of 18 when you two are getting married. If they are unmarried they can apply for the K-4 visa.

Fiancé Visa: K-1 Visa

If your fiancé is a foreigner and you wish to get married soon, you can bring him or her to the US. K-1 visas allow you to do this. Your fiancé can reside as well as be employed in the United States if he or she has got a K-1 visa. As soon as your fiancé comes to United States, you will have to get married to him or her within 90 days of your fiancé's arrival. Once you get married your spouse can apply for permanent citizenship. Consult an immigration attorney to know about all the details related to fiancé visa.

Your fiancé needs to fulfill certain criteria so that he or she can obtain K-1 visa. The requirements are given below:

o The pleading partner has to be a US citizen

o The US citizen must meet his or her fiancé within the past two years

o Both of the US citizen and the foreign spouse should be allowed to get legally married

o The US citizen should have the intension to marry his or her foreign fiancé within 3 months of the fiancé's arrival to United States

o The US citizen must qualify for the minimum financial requirement

o The US citizen's foreign fiancé must be admissible to the country


The unmarried children of your fiancé and below the age of 21 can also come to US and for that they will have to apply for the K-2 visa.

Treating all these things is quite complicated and the immigration laws may differ from one state to the other. If you live in Miami, Florida the rules you need to follow might be different from the rules a New York resident will follow. Understanding and handling the intricacies is not an easy task. Let the Immigration Attorneys Miami deal with the complicated laws related to immigration.