Nowadays the citizen has an option to bring his family members to the US on nonimmigrant visas and let them wait for their permanent residence application (green-card) approval within the US. Another option is to apply for permanent residence (green-card) so that they immigrate to the US as permanent residents (green-card holders).

K-3 Visa for Spouse of US Citizen. This visa is to shorten the physical separation between the US citizen and his spouse by entering the US to await approval of green card. A foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place. A child of a K-3 nonimmigrant visa applicant may be eligible to join his parent on a visa if he is unmarried and is under 21.

K-1 Fiancée Visa. A US citizen may bring his fiancée and that person’s children who are under 21 and unmarried to the US. The U.S. citizen must intend to marry his fiancé within 90 days of her entry to the US. There is also a requirement to prove that a couple met in person within 2 years before they file visa application.

Fiancé status automatically expires after 90 days. It cannot be extended or changed to another status. Your fiancé should leave the United States at the end of the 90 days if you do not marry. If your fiancé does not depart, she will be in violation of U.S. immigration law. This may result in removal and could affect future eligibility for U.S. immigration benefits.

Family members separation can cause extreme hardship for families. To expedite case processing we highly recommend consulting with us. We can help you file the petition, visa paperwork, and prepare the family members for their immigrant or nonimmigrant visa interview at a US Embassy abroad.