Consular Processing

If the intending immigrant is outside the US, the only way for the person to immigrate is through Consular Processing.  If the intending immigrant is already in the US, they can either Adjust Status in the US or they might have to return to their country to Consular Process depending on the circumstances of their case.

Marriage-based Consular Processing

K-1 Visa: Fiance Visa

K-2 Visa: Child of Fiance Visa

K-3 Visa: Spouse of US citizen

K-4 Visa: Child of Spouse of US citizen

K-1 /K-2 Visas:

A fiancé(e) is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place.

In general, the two people must have met in person within the past two years. The Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage.

Sometimes the USCIS considers a person a “fiancé(e)” even though a marriage contract has been concluded. In such cases, the American citizen petitioner and his/her spouse have not met, and they have not consummated the marriage.

If you are an American citizen and you want your foreign fiancé(e) to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiancé(e) in the United States.

K-3/K-4 Visas:

If you are the spouse of a U.S. citizen you can come to the United States (U.S.) with a nonimmigrant K-3 visa. If you are the child of the spouse of a U.S. citizen and your parent has been issued a K-3 visa, you can be issued a K-4 nonimmigrant visa. Both the K-3 and the K-4 visas allow you to stay in the US while your immigrant visa petition is pending. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.

A spouse is a legally wedded husband or wife. Cohabiting partners do not qualify as spouses for immigration purposes. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy only the first spouse qualifies as a spouse for immigration. U.S. law does not allow polygamy. If you were married before, you and your spouse must show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you may file only for the first spouse.

Contact the Law Office of Ruby L. Powers to learn more about Consular Processing and petitioning for your loved ones at (713) 589-2085 or Ruby@RubyPowersLaw.com.

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