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Fiance/Spouse of U.S. Citizen - Law Office of Lani Cao

Fiance/Spouse of U.S. Citizen

Fiancé(e) of a U.S. Citizen

A fiancé(e) of a U.S. citizen (USC) may enter the U.S. on a K-1 visa. The fiancé(e) and USC must show that they have met in person within two years of filing the fiancé(e) petition. The USC files an I-129F petition on behalf of the fiancé(e) and upon approval, a K-1 visa is issued for the fiancé(e) to enter the U.S. to marry the USC. The marriage must take place within 90 days of entry. Once married, the fiancé(e) can file for adjustment of status to legal permanent resident.

Spouse of a U.S. Citizen

A spouse of a USC may enter the U.S. on an immigrant visa or file for adjustment of status to legal permanent resident if already present in the U.S. The USC may file an I-130 petition and the spouse may await approval of the I-130 and issuance of the immigrant visa overseas. Upon entry on an immigrant visa, the spouse is accorded legal permanent resident status.

Alternatively, if the spouse wishes to enter the U.S. to await the approval of the I-130, s/he can apply for a K-3 visa. Spouses granted K-3 status are admitted for a 2 year period. Upon approval of the I-130 petition, the spouse may either process the immigrant visa overseas or file for adjustment of status to legal permanent resident.

*Minor children of K-1 and K-3 can enter on a K-2 and K-4 visa, respectively.

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