A K1 and a K3 visa are both marriage-based visas for immigration. However, there are differences between the two. The K1 visa is truly a fiancé visa. This visa is for immigrants who are going to live in the U.S. to then marry a citizen of the country. On the other hand, the K3 visa is for couples already married but is faster than some other types of marriage visas.

While we’re talking primarily about a fiancé visa below, we cover what to know about both options, particularly if you’re currently an unmarried couple comparing your options.

The Basics of a Fiancé Visa

The idea of marriage-based immigration is one that quickly gets complicated in the United States.

If a citizen of the U.S. has a fiancé not currently in the country and without a visa, then the K1 fiancé visa process is meant as a way to give a window of time for the person to come into the country so they can get married.

The K1 visa isn’t a replacement for a marriage-based visa. K1 visas aren’t meant as a way for the fiancé of a citizen in America to live in the country without getting married, and there are strict time limits placed on them.

The visa automatically expires after 90 days, and you can’t renew it.

If someone holds a K1 visa and they don’t get married in 90 days, and they overstay, their visa may be removed from the country. There may also be limits placed on their future immigration opportunities.

A K1 visa holder, after they’re married to a U.S. citizen, can apply for a green card. That can then put them on the path to becoming a permanent, legal U.S. resident.

You’re required during the 90 days of the visa to complete all the needed legal requirements for marriage as well as any ceremonial requirements, or else you have to apply for an extension.

Eligibility

The USCIS uses strict requirements for granting fiancé visas. You have to be a U.S. citizen to be a sponsor. U.S. permanent residents aren’t able to be sponsors.

Both partners have to be single when the petition for a fiancé visa is submitted. If either one of the people in the relationship has been married, before they can begin the petition, the marriage must have legally ended.

You’re required to have met your fiancé in person within the past two years unless there’s some sort of major hardship that prevented you from doing so, or to have met in person would have been a violation of relevant cultural norms.

You have to be able to prove your relationship is legitimate through evidence which might include photos, texts, correspondence, and anything else that can show you’re in a genuine relationship. Cultural standards and norms are considered as part of determining whether a relationship is legitimate for purposes of getting a fiancé visa.

Before a visa is issued, the partners have to submit a statement of their intention to marry within 90 days of arrival in the U.S.

If you’re the sponsor, your adjusted gross income on your most recent federal tax return has to meet or exceed 100% of the Federal Poverty Guidelines. If that’s not the case, you have to get a joint financial sponsor. That sponsor then files a supplement support affidavit that guarantees financial support to your fiancé while they’re in the U.S.

There are embassies that don’t allow for this type of joint sponsorship.

If you’re in a same-sex relationship, you can sponsor your partner for a fiancé visa, even if the jurisdiction where the petition is submitted makes same-sex marriages illegal.

A fiancé visa could be the only option for immigration in jurisdictions where same-sex marriage before immigration isn’t allowed.

Facts About a K1 Visa

Some of the general things to know about a K1 visa include:

• There’s not a specific deadline to apply for a K1 visa, but you should plan to apply in advance—usually by around several months. After you file a petition, it stays valid for four months. If it’s not approved during that time, you can apply to get an extension.
• You need to keep wedding plans flexible because the application can take months to process.
• You can only come into the U.S. once on a K1 visa, so your fiancé shouldn’t plan any international travel until after getting their green card.
• Petitioners have to have been born in the U.S., naturalized, or have gotten citizenship through acquisition because of a family member.
• A minor child can’t enter the U.S. under a K1 visa. Minor children need their own application for a visa to enter the U.S.
• If your petition is denied, you’ll get a letter explaining why, and it will give you instructions for how to appeal.
• You don’t have to have a lawyer, but having one can significantly help you in the application process.
• The estimate right now is that it takes anywhere from 5-7.5 months for U.S. Citizenship and Immigration Services to process the Petition for Alien Fiance, which is Form I-129F. Then, from there, it can take another three to four weeks to get instructions that you receive from the National Visa Center to continue on with the process.
• The total cost for a K1 visa is around $1000. The government requires a fee of $535 when you submit Form I-129F. Once Form I-129F is filed and approved, the partner of the U.S. citizen has to do a medical exam, with costs varying by the provider. The fee for the actual K1 visa application is $265, usually paid at the interview.
• A person can work with a K1 visa, but they need to apply for work authorization before they can do so. The employment authorization, like the K1 visa, is only valid for 90 days, starting from the day someone gets to the U.S.

What is a K3 Visa?

Because of the long processing times and delays due to COIVD and other global issues, some U.S. citizens might want to go through the K3 visa process. This isn’t in comparison to the K1 process, which tends to be the fastest choice. Instead, this is compared to other marriage visas.

The K3 visa is a non-immigrant visa that eliminates the separation a married couple would have to go through. It lest a foreign spouse enter the U.S. while they await approval of their I-130 petition for alien relative. Eligible children under the age of 21 would also qualify to accompany the parent, and that would be under the K4 visa.

A K3 holder Is authorized to work, and the couple would be able to come together physically rather than going through a regular consular processing case. They could then stay together in the U.S. while going through the pending green card process.

Of course, this changes things because it’s no longer a fiance visa. It’s a visa for a married couple. Whether or not that’s a viable option for you can depend on your situation.

There are also the CR-1 and IR-1 marriage visas. These let the foreign spouse of a citizen or resident enter the U.S. for immigration. The K1 fiance is faster and simpler if you’re an international couple currently not married who wants to get married.

A marriage visa may take anywhere from five to seven months after the I-130 petition is filed. Marriage visas are not only slower but also more expensive and complex than a K1 visa.

If you’re already married, you have fewer choices. If you’re a couple and you’re not married, you have some choices.

You can start the petition for a K1 fiancé visa right away as long as you’ve met within the past two years and meet the other requirements.

For CR-1 and IR-1 marriage visas, you can start the process as soon as you get married. The process can take around 10-12 months, and for legal residents, it’s longer.

With a K1 visa, once you’re married in the U.S., then the foreign person in the couple can stay in the U.S. and begin their life.

With the CR-1 and IR-1 marriage visas, after your marriage, your foreign spouse has to stay overseas until getting their visa.

After marriage and applying for a green card, the non-citizen spouse usually gets one that is conditional. A conditional green card is valid for two years. If the foreign spouse is eligible for permanent residence, and there aren’t any obligations overlooked or mistakes made in the process, the spouses can then file a joint petition to remove conditions close to the end of the two years of the conditional green card.

If a couple petitions for the removal of conditions, they’re likely to have to undergo further investigation, which can include additional interviews, background checks, and fingerprint collection.

Even small errors in filing can lead to major delays for a visa of any kind, which is why again, it’s important to seek the help of a professional.