However, in some cases a foreign citizen and an American citizen cannot legally marry in a foreign country, even though the marriage would have no legal impediments in the United States. Once a visa petition has been received by USCIS a notice with a receipt number is provided to the filer. When this happened, the Vietnamese citizen would be ineligible to receive a visitor visa to America as an intending immigrant. It is in these circumstances such that a K-1 visa is especially useful. The only practical difference is that a K-3 visa is a non-immigrant visa, thus the foreign spouse must adjust to immigrant status after arrival in the US. For example, some countries require a parent's permission to marry even for adults, or forbid marrying someone of the same sex or outside of one's religion or ethnic group. If the Consular officer does not think the relationship is bona fide or finds some legal impediment to issuing the visa, the petition will be returned to USCIS and recommended for revocation and no visa will be issued. Immigrant visas are available for an American to marry his or her spouse in a foreign country and then petition the spouse to immigrate to the United States.
A consular officer may potentially extend the validity of the petition if it expires before visa processing is completed. Failure to provide evidence of having met in person can result in a RFE Request for Evidence later in the process. Generally, this is accomplished by the petitioner filing an Affidavit of Support Form I showing he or she has an income or assets that are above that of the poverty line in the petitioner's state of residence. Additionally, some couples prefer to have their wedding in the United States. The act requires that persons granted a K visa be given a brochure detailing the rights and protections for foreign spouses in the United States, and requires that American petitioners who have been convicted of certain crimes of violence, abuse or multiple crimes involving drugs declare this on the petition, among other things. Obtaining these documents was a time-consuming process and involved acquiring medical and police clearances for the Vietnamese citizen, and notarized Embassy certificates from the American. Many couples could not complete the process before the soldier had to depart for the U. Additionally income evidence is reviewed to insure that the petitioner meets the minimum income requirements. The K-3 visa is for the spouse of a US citizen. In some cases a co-sponsor can be used to meet this requirement. Related visa categories[ edit ] The unmarried children, under 21 years old, of a K-1 visa beneficiary can also immigrate with their parent. Two additional "K" categories of visas exist. When this happened, the Vietnamese citizen would be ineligible to receive a visitor visa to America as an intending immigrant. A K-1 visa is printed on a self-adhesive label, similar to a tourist visa, but annotated with the name of the petitioner. In , about American-Vietnamese couples found themselves in this situation, resulting in considerable Congressional correspondence with the Embassy. Once a visa petition has been approved or denied by the USCIS service center, a notice typically referred to as a NOA2 is sent to the petitioner notifying them of the approval or denial of the petition. Fraud considerations[ edit ] Because the K-1 visa leads to immediate immigration, and eligibility for employment, in the United States, it is considered to be a high fraud visa category. To request a waiver a written request must be submitted with the new petition accompanied by documentation of the claim to the waiver. It is in these circumstances such that a K-1 visa is especially useful. Government officials are specially trained to detect any fraud. The officer may also request that further evidence be submitted before making a decision. The Secretary of the Department of Homeland Security can issue a waiver of this Act at his or her sole discretion. The only practical difference is that a K-3 visa is a non-immigrant visa, thus the foreign spouse must adjust to immigrant status after arrival in the US. It is valid for one entry into the United States within six months of the date of issuance. The precise definition of a "child" for immigration purposes is complex, taking into account the various permutations of adoptive, stepparent, and half-sibling relationships that are possible. If the Consular officer does not think the relationship is bona fide or finds some legal impediment to issuing the visa, the petition will be returned to USCIS and recommended for revocation and no visa will be issued. Attributes of a "normal relationship," which proves validity, can be common language or religion, shared vacations, events, and holidays, combined finances and property and more, but most of all, it is the intention to have a real marital relationship.
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