Immigrant Visa "Green Card" / Marriage to A U.S. Citizen

8"Adjustment of Status (Within the U.S.)":  Foreign national in the U.S., married/marries U.S. Citizen.
8"Consular Processing (Overseas)":  Foreign national not in the U.S., married/marries U.S. Citizen.

8"K-1 Fiance(e) Visa":  Foreign national not in the U.S., seeks to marry U.S. Citizen.
8"K-3 Fiance(e) Visa":  Foreign national not in the U.S., already married to U.S. Citizen.

8For SPOUSES (and children) of nonimmigrant (employment) visa holders, see nonimmigrant visas (employment-based):  family members.
8For SPOUSES (and children) of Legal Permanent Residents / "Green Card" holders, see immigrant visa "green card" (family-based) & "V" visas.
8For RELATIVES of U.S. Citizens & Legal Permanent Residents / "Green Card" holders, see immigrant visa "green card" (family-based).

Note:  Foreign nationals who enter the U.S. on a "Tourist (Business) Visa Waiver (VWP)" (entry into the U.S. without an actual visa "sticker") is eligible for this type of family-based adjustment application.  (Normally, Tourist Visa Waiver (VWP) entrants cannot file to "adjust.")

Note:  Foreign nationals who enter the U.S. using B, F, M and other, certain types of nonimmigrant visas, if marrying within 30 days of entry and/or filing an adjustment within 60 days of entry, may be considered to have entered the U.S. with fraudulent intent (and may be denied the "green card").

i8Related Topic: Grounds of "Inadmissibility" / Bar to Adjustment
i8Related Topic:LIFE Act and/or 245(i)
i8DETAILS / PROCEDURE:  Adjustment Application

1.  U.S. Citizen and foreign national are married, but foreign national is outside of the United States or unable to adjust (and outside the U.S.).
2.  U.S. Citizen files I-130 Relative Petition in the United States, unless the U.S. Citizen is RESIDING in the foreign national's country (in this case, file at the U.S. Embassy).
3.  Approved I-130 notice (can take more than one year) is forwarded to U.S. Citizen and to the National Visa Center.
4.  National Visa Center contacts foreign nationals' designated U.S. Embassy (overseas).
5.  U.S. Embassy contacts the foreign national who is overseas, to schedule an interview/appointment where the "bona fide" nature of the marriage will be questioned (submission of documents commonly held by married couples -- similar to the adjustment interview -- is required).

Note:  Some U.S. Embassies allow the filing of the I-130 at the Embassy, even if the U.S. Citizen does not reside in the foreign national's country, allowing faster processing.  However, in this case, at least one personal appearance by the U.S. Citizen will be required.

Note: The K-3 visa (see below) allows those waiting outside the U.S. to obtain a temporary visa to enter the United States and "wait" inside the U.S. (until consular processing is available) or to adjust in the United States.

Note:  The importance of the K-3 "married" fiance(e) visa is based on the fact that foreign nationals who are married to U.S. Citizens, and who are not in the United States, cannot enter the U.S. using traditional visas such as B-1/2 Tourist/Business, F-1 Student, Visa Waiver (VWP), etc.  The reason is that these visas are nonimmigrant (temporary intent), and being married to a U.S. Citizen generally means possessing immigrant (permanent intent).  Unless a "dual intent" nonimmigrant visa (H-1B, L, etc.) is obtained, a foreign national must enter the U.S. either with a nonimmigrant visa  or an immigrant visa "green card."  (However, once married to a U.S. Citizen, it is difficult to obtain a nonimmigrant visa.)  Therefore, prior to the rules establishing the K-3 "married" fiance(e) visa, many foreign nationals who were married to U.S. Citizens, necessarily had to wait outside the United States, and obtain the immigrant visa "green card" before entering the United States.

K-1:  fiance(e) of United States Citizen
K-2:  minor child (unmarried, under 21 years old) of K-1
K-3:  spouse (married) of United States Citizen
K-4:  minor child (unmarried, under 21 years old) of K-3

1.  U.S. Citizen files for a "K" visa application with the US CIS (INS) in the United States.
2.  Foreign National/beneficiary, after "K" visa approval notice from the US CIS (INS), applies for the visa at the appropriate U.S. Consulate/Embassy.

K-3 Visa Procedure
K-3 is intended for use by a spouse of a United States Citizen, typically outside the United States, who is waiting for an I-130 relative petition to be approved (and for the I-130 to become "current").

1.  U.S. Citizen and foreign national are married.
2.  U.S. Citizen has filed an I-130 relative petition with the US CIS (INS) in the United States, but the I-130 is not "current" for foreign national's consular processing for the immigrant visa "green card."
3.  U.S. Citizen files K nonimmigrant visa petition (I-129F) with the US CIS (INS) in the United States.
4.  K visa approval notice is sent to U.S. Citizen, and to foreign nationals' designated U.S. Consulate/Embassy.
5.  Foreign national applies at appropriate U.S. Consulate/Embassy for K visa issuance.
6.  U.S. Consulate/Embassy contacts foreign national and conducts interview where foreign national presents documents.
7.  Applicant's intent is to enter the United States to wait for the approval of the I-130 petition and/or the availability of an immigrant visa "green card" (for the I-130 to become "current").
8.  Applicant "adjusts" in the United States, or can wait in the United States to "consular process" to become a Legal Permanent Resident / "green card" holder.

Note: The Department of state is authorizing the issuance of 10 year multiple entry visas to qualified applicants, subject to issuance for a shorter period due to the possibility of age-out or based upon security concerns or ineligibility waiver limitations.

i8DETAILS / PROCEDURE:  "K" Visa Application Procedure
i8DETAILS / PROCEDURE:  Adjustment Application

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