FIANCEE VISA (K-1) VS. SPOUSAL VISA (K-3)

Many of you are puzzled at this moment asking yourself all over again: Should I use the K-1 visa and marry in the United States or marry in her home country and use the K-3 visa (spousal visa)?

Every case is unique, it is impossible to provide a blanket answer that would apply in every situation. Below we attempt to summarize the advantages and disadvantages of the K-1 and K-3 visa processes. It is up to you and your fiancee to choose which process to follow. We will be happy to assist you with either one!

FIANCE(E) VISA (K-1)

ADVANTAGES

DISADVANTAGES

1. You don't need to marry immediately in your Fiance(e)'s country or the U.S.

2. You bring your loved one to the U.S. as your Fiancee, and both of you have 90 days to marry. This allows you both to get to know each other better and make a decision about whether you want to spend the rest of your lives together. It also allows your fiancee to see where and how you live before committing to the marriage.

3. You interact nearly exclusively with the U.S. immigration system and U.S. immigration officials in the United States.

4. You avoid dealing with local foreign procedures of marriage in a foreign country in a foreign language.

5. Your fiancee has a chance to see the country and get familiar with U.S. customs and language before the marriage.

1. Close family and friends will NOT see your Fiance(e) get married in the U.S. unless they could manage to obtain another type of visa such as a tourist visa, which is hard to obtain. However, you can hold a non-binding, non-legal ceremony to express your feelings for each other which her family and friends could attend in her country.

SPOUSAL VISA (K-3)

ADVANTAGES

DISADVANTAGES

1. You are both together immediately. Your wife's family and friends are able to attend your wedding without any delay.

2. Local marriage in a foreign country can sometimes be accomplished in 10 days, or less.

3. If you can prove that you are living and working in your fiances' country for a period of 6 months you can file directly with the consulate in your fiancees country which will speed up the process. However, you must be able to prove that you have resided in the country and worked for a minimum of 6 months prior to the application.

4. Since with a Spousal visa your wife gains U.S. legal residency immediately, future immigration work is substantially reduced. There is no need to file for the Adjustment of Status Application and wait for months during which time your wife cannot travel freely without obtaining travel parole to travel outside of the U.S.

1. Extensive supporting documentation is normally required of a U.S. Citizen to get married in a foreign country.

2. It is a two-step process, instead of one. First, you are required to submit a package for the Form I-130. Second, upon USCIS Notice of Action, you would need to send the I-129F Package. It takes time and a lot of patience from both of you.

3. This process is very document-sensitive which means that if you are missing a document, you may have to fly back to the U.S. in order to obtain a necessary document before the process can be completed.

4. All your documents must be translated into the native language of that country where you are planning to get married. The translation must be certified with attached apostle.

5. You may end up with more expenses for the marriage itself and Embassy visa processing charges and fees.

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Fiancee Visa
Law Office of
Laurie Wu
(732) 387-3668

In Association with AFA
7320 N Dreamy Draw Drive
Phoenix, Arizona 85020
(602) 553-8178
FAX (602) 468-1119
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Here are some recent testimonials we have received in reference to our service:

From Dan P. As we all know being separated from a loved one is quite difficult, and every day matters. I have had one experience procuring a visa for my fiance many years ago,(what an exasperating experience) and Laurie was more than twice as fast as doing it on my own. Laurie is extremely responsive, as I can attest to her even working/taking calls on the weekend to make the process go faster.

From Greg A. Laurie was a very helpful Attorney, she helped us get my fiancée visa. We had a couple of potential red flags to deal with and Laurie knew just how to handle them. Laurie's law firm is in a different state into which I live, but this wasn't a problem at all, she kept in contact in all the different ways. Laurie's fluency in mandarin also helped my fiancée feel comfortable. My fiancée and I high recommend Laurie she is very professional and we probably couldn't have done it without her. Thank you Laurie

From Tobi O. Laurie most recently helped my wife and I remove the conditions from my green card. In 2012, she helped us with K-1 fiancé visa and then helped me get my conditional green card. The entire process then and now went smooth without complications. Because of her attention to details, we didn't need to submit any more evidence and didn't have to go for any interview in order to obtain my 10 year green card. We know she has many clients, but she treated our case like we were her only clients. Not only is she hardworking, she is also very professional and reachable. I'm so glad my wife and I found her. Her fees are very affordable, and I highly recommend her to everyone.

From Aurielle C. Laurie is very professional and works very fast. She always helps me with the papers and answers all my questions in a short time. She listens to her customers. It took 5 months for me to have my visa in my hand and I want to say thank you for it. Now my fiancee and I are married. I definitely recommend Laurie and I'll continue to work with her in the future.

From Debasish R. Laurie provided truly outstanding service from start to finish. I was a bit anxious about the outcome of the K-1 visa for my Chinese girlfriend before I had Laurie as my attorney. Once Laurie started the application process I was reassured that I was in the best hands possible. She has intimate knowledge of the application process and how to present the best possible application. Laurie has an incredible attention to detail. She responds to every question in a timely and clear fashion.

From Ken M. My name is Ken and Attorney Laurie Wu prepared a K1 Fiancée Visa application for me and my Chinese fiancée. Laurie also helped me with my K-1 visa application for my ex-fiancée and I withdrew that application. All along, Laurie took time to listen to our concerns and addressed them in a thoughtful, respectful, and caring way. She replied to inquiries promptly, both to me and my fiancée in China. Her advice was both helpful and reassuring.

From Dimitri B. We have been working with Laurie over the past few years and she has provided us great service. Immigrating is very confusing and not always clear what is required. Laurie has shown that she has a comprehensive understanding of the requirements and the system to make the process run smoothly and had confidence in her at each step. In this sort of process communication is very important and she kept us appraised at each stage and in layman terms we could understand. We even rehired her to help us to renew my green card two years after I became a permanent resident.

From Bipasha B. From the very first day I was put in touch with Laurie she was accommodating, understanding and gave me sound advice. I liked her straightforward approach and practical advice. Ours was a unique situation and she expertly guided us through it keeping us on track with what were the next steps and what we should expect. Even at times when we fell behind with the paperwork she checked on us to keep track of our progress. Whether over phone or email she was always readily available and helped us through any doubts we might have or any questions that arose.

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Home Fiancee visa Step by Step Visa Guide Visa Service What is a Fiancee visa (K-1)?
Requirements for K-1 visa Children of Fiancee - K-2 visa Adjustment of Status ("green card") Fiancee visa (K-1) vs. Spousal visa (K-3)
Tourist visas as an alternative to K-1 visa Fee schedule Questions you might have