You are in: Home > Immigration Law

Fiancee visa Vs Immigrant Petition

22nd March 2011
By Peter Catz in Immigration Law
RSS Legal RSS    Views: N/A

Most people who wish to aid their fiance(e) immigrate to US have a doubt on what form to file, whether or not K1 visa or Form I 130. It depends upon the the length with the connection, the supporting proof, the number of situations the sponsor or the petitioner has physically met their fiance(e), are couple of with the factors to file the suitable form.

Only the citizens with the US may possibly file a K1 visa for any fiance(e). Should you be a legal permanent resident you may then should file Form I 130 to petition your partner. A K1 visa is issued for the fiance(e) of a Usa citizen to enter the US and marry the United Citizen inside of ninety days following the entry with the fiance(e) into US. A K3 visa is utilised by a US citizen to deliver his or her husband or wife to the US. Form I 130 is employed by a US Citizen or even a legal permanent resident to petition his or her partner to get a green card.

The common waiting time for K1 visa is roughly 7-9 months, K-3 petitions get roughly 8-10 months and Form I 130 petitions get roughly 8-12 months to get processed.


What Form Must I File?

Should you be a US Citizen and also you want to deliver your fiance(e) to US to get married you need to file K1 visa application. On approval from the petition from the US Citizen, the fiance(e) may possibly journey to United states to get a time period of 90 days. A K-1 visa calls for a fiance(e) to marry her or his US citizen sponsor inside 90 days of entry into the Usa. The fiance(e) may possibly then receive work permit to work inside the United states. It is mandatory that the US Citizen and the fiance(e) have to be married in the 90 days time period , to ensure the fiance(e) is going to be eligible to apply to adjust status to a lawful permanent resident.

If you are a US Citizen and you want to deliver your wife or husband to US then you definitely should file K3 visa application. You can apply for any K-3 visa for the spouse only soon after you've filed the I-130 petition. Your partner can enter the US on a K3 visa while the I-130 is pending and ought to apply to regulate status to a permanent resident using the USCIS on approval with the petition.


Form I 130 is utilized by both by a US Citizen or perhaps a Legal Permanent Resident to petition their husband or wife to immigrate to United states. This procedure is a lengthy process when in comparison to that of K1 along with other processes.

A K-1 visa holder will not be ready work or depart the nation until finally they apply for adjustment of status. After they file for adjustment of status, applications for employment and journey will also have to be filed. Right after ninety days of submitting the petition, the partner could possibly be in a position to journey and work.

A K-3 visa is really a multiple-entry visa as well as the wife or husband may journey out of the nation. The K 3 visa holder should apply for an EAD/work permit and it's to be filed in addition to the adjustment of status application.

Once the adjustment of status application is accepted, the applicant acquires legal permanent resident status. They may then get employment immediately as well as travel outside the nation.
This article is free for republishing
Source: http://www.goinglegal.com/fiancee-visa-vs-immigrant-petition-2134363.html
About the Author
I quite like authoring as it gives me the ability to speak and share my sensations with people. The literary society opens numerous doors and enables you to go over the boundaries and bring together views right into a solo one.
Bookmark and Share
Republish




Ask a Question about this Article

powered by Yedda