Immigrant Visas

Marriage-Based Nonimmigrant Visas

More information about marriage-based petitions (for spouses of U.S. citizens, spouses of Lawful Permanent Residents, and fiancé(e)s of U.S. citizens) is available at the State Department's Consular Affairs website and the U.S. Citizenship and Immigration Services (USCIS) for fiancé(e) cases and the U.S. Citizenship and Immigration Services for K-3 and V cases.

Fiancé(e)s or Spouses of U.S. Citizens (K-1 or K-3 visas)
 
The K visa (K-1 or K-3) is technically a nonimmigrant visa but the requirements are very similar to those for an immigrant visa for an immediate relative.  Our Immigrant Visa unit processes all K-1 and K-3 visa applications.  Both the fiancé(e) of a United States citizen (K-1) and the fiancé(e)'s children under age 21 (K-2) or the spouse of a United States citizen (K-3) and the spouse’s children under age 21 (K-4) may benefit from an I-129F petition.  For detailed information about the Fiancé(e) (K-1) or Spouses (K-3) visa process, click here.  
 
All approved petitions are forwarded to the National Visa Center (NVC) for processing before being sent to our office.  After we receive the petition, we will complete administrative processing and send the applicant an Instruction Package approximately two months after receiving the petition.  For a list of documents required for K-1 fiancé(e) or K-3 visa cases, click here.  Once the applicant informs us that he or she is ready for a visa interview, our office schedules a visa interview date for approximately three months later and sends the applicant an Appointment Package.
 
Please bring to your interview any evidence to substantiate your relationship with the petitioner, such as letters, telephone bills, e-mails, photographs, etc.  During the visa interview, it is the applicant's responsibility to provide evidence of a bona fide relationship with the petitioner.  The consular officer will use the interview as well as the information submitted to make a decision.  
 
Section 221(g) of the U.S. Immigration and Nationality Act states that visa applications lacking required documents must be denied until such time as those documents are submitted and found to be sufficient.  If, for any reason, the applicant is not eligible for a visa at the time of the interview, the applicant will receive an explanation in writing and a request for the specific documents still required, if any.  
 
Applicants refused under Section 221(g) who are specifically requested to submit more documents may submit the additional information either via registered mail or in person at the Consulate between 1:00 p.m. and 3:00 p.m. Monday through Friday, except holidays.  The applicant should include the blue or green refusal sheet asking for additional information.  

Although a K visa petition is valid for a period of four months, a consular officer can revalidate the petition provided the officer concludes that the American citizen sponsor and the applicant remain legally free to marry and that they continue to intend to marry each other within three months of the alien’s admission into the U.S.

If the visa is approved, the applicant can usually pick up the visa on the next business day at 4:00 p.m. The visa is normally valid for six (6) months.
 
Spouses of Lawful Permanent Residents (LPRs) (V visas)
 
The LIFE Act allows certain spouses and children of Lawful Permanent Residents (LPRs) to go to the United States on V nonimmigrant visas. With V visas, applicants can wait in the U.S. for the immigrant visa process to be completed.  For detailed information about the V visa process, click here.  
 
To be eligible to apply for a V visa, you must meet ALL of the following prerequisites:

- You are the spouse or unmarried minor child (under age 21) of a United States Lawful Permanent Resident (LPR);

- Your LPR spouse or parent filed an immigrant visa petition for you on or before December 21, 2000; and;   

- You have been waiting at least three years for your petition to be approved by USCIS or for the priority date of your approved petition to become current.

Generally, applicants who may be eligible for V visas have already been contacted by the National Visa Center.  However, if you have not been contacted and you believe you may be eligible, please complete a DS-3052 form and provide proof of the I-130 petition filed on your behalf with USCIS (Notice of Action or Receipt Notice, Form I-797) and forward those documents to our office. We will determine if you are eligible for a V visa and advise you accordingly.  The DS-3052 form is available online at: http://foia.state.gov/FORMS/visa/ds3052.pdf.
 
Once our office determines that an applicant is eligible for a V visa interview, we will send the applicant an Instruction Package.  For a list of documents required for V visa cases, click here.  When the applicant has all of the required documents, he or she must take all of the documents and go to Cho Ray Hospital for a required medical examination.  Cho Ray Hospital will complete the medical examination and forward the results to our office with the rest of your documents.  When you pick-up your medical exam results at the hospital, you will be given an interview date approximately one week later.  
 
Please bring to your interview any evidence to substantiate your relationship with the petitioner, such as letters, telephone bills, e-mails, photographs, etc.  During the visa interview, it is the applicant's responsibility to provide evidence of a bona fide relationship with the petitioner.  The consular officer will use the interview as well as the information submitted to make a decision.  
 
Section 221(g) of the U.S. Immigration and Nationality Act states that visa applications lacking required documents must be denied until such time as those documents are submitted and found to be sufficient.  If, for any reason, the applicant is not eligible for a visa at the time of the interview, the applicant will receive an explanation in writing and a request for the specific documents still required, if any.  
 
Applicants refused under Section 221(g) who are specifically requested to submit more documents may submit the additional information in person at the Consulate between 1:00 to 3:00 p.m. Monday through Friday, except holidays.  The applicant should include the refusal notice asking for additional information.   

If the visa is approved, the applicant can usually pick up the visa on the next business day at 3:00 p.m.

Important Information for All Applicants
 
Security Notice: Please do not bring electronic devices (mobile phones, radios, recorders, computers, PDAs, cameras, walkmans, etc.) with you when you come to the U.S. Consulate General.  You and your effects will be screened at the entrance.  Prohibited items are not allowed entry.  Bringing such items will delay your entry and may cause you to miss your appointment.

Warning: Please note that we cannot tell you in advance that a visa will be issued. Applicants are advised not to make any final travel arrangements, to dispose of property or give up jobs until a visa has actually been issued and is in hand.

Penalties for Misrepresentation: Please keep in mind that your signature on any visa application form is your guarantee that all information you provide is true and correct.  You are personally and legally responsible, even if a travel agent or someone else prepares documents for you.  Any fraudulent documents or misleading statements may result in your permanent ineligibility for any future visa.