Are you planning to take your Fiancé or Spouse back to the US? Here is a Complete Guide for You to understand the process better.
People who are US citizens living abroad frequently discover someone they want to marry and bring back to the US. A few choices are available to US citizens living overseas searching for the best way to get an immigrant visa for their fiancé or spouse.
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While residing abroad, submit an I-130 petition.
You must first submit Form I-130, Application for Alien Relation, if you are a US citizen living abroad and want to bring your partner back to the US with you.
The consulate or embassy will notify you and provide data acquisition when Form I-130 is authorized and forwarded for the consular procedure. You will then have a choice between two visa types:
While abroad, apply for a K-3 non-immigrant visa
A K-3 visa enables foreign nationals to enter the US while they wait for the primary immigrant visa to be approved. The major purpose of this visa was to reduce the distance between a US citizen and their spouse. A K-3 visa applicant typically does so while awaiting a permanent residence (green card) visa.
K-3 Visa Eligibility
Both the US citizen and spouse from the foreign country must meet the following requirements:
- Be legally married
- Meet all conditions of the International Marriage Broker Regulation Act of 2005
- Have a pending Form I-130
K-3 Visa Application Process
The spouse of the US citizen must first submit Form I-130 to USCIS. Then, to ensure that the relationship is legitimate for the objectives of a family-based permanent residence petition is done.
The US citizen can then submit the Form I-129F Request for Alien Fiancé after USCIS begins accessing the I-130 petition and you obtain a receipt notice. If Form I-129F is approved, your case is then transferred to the American embassy or consulate in the resident foreign national’s country.
The final stage is the K-3 visa application process through the embassy or consulate. The K-3 candidate must also prepare for a medical evaluation and a visa interview. The petitioner may enter the US after receiving the approval of the K-3 visa.
Apply for an Immigrant Visa While Outside of the US
The final stage is the K-3 visa application process through the embassy or consulate. The K-3 candidate must also prepare for a medical evaluation and a visa interview. The petitioner may enter the US after receiving the approval of the K-3 visa.
After submitting Form I-130, the National Visa Center will receive your visa application and deliver a package of paperwork and instructions. The foreign-born spouse will need to finish the paperwork, pay the fees, have a physical, and take their fingerprints for a background check. The US citizen must then show proof of their capacity to facilitate their spouse, such as an Affidavit of Support.
The National Visa Center will forward the case to the appropriate American consulate or embassy overseas if everything looks good on your application. The spouse born abroad will then be informed when to show up for the interview. You may show up for the interview with a lawyer if needed.
When everything is in order, your spouse will be given a visa for immigration. Your spouse can enter the country as a legal resident with the help of this visa.
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