There are several ways for a foreign national who is married to a U.S. citizen to enter the United States. One method is known as "consular processing" where the foreign national is interviewed at the U.S. consulate in his or her home country. Or the foreign national is approved for a fiancé visa and once entering the U.S. marries and the USC spouse petitions for lawful permanent residence. Another path is to apply for a K-3 Visa, which allows the immigrant spouse of an LPR or USC to live and work in the United States while awaiting approval of his or her Adjustment of Status to permanent residency.The K-3 Visa was created to alleviate the lengthy backlog of pending immigrant applications.
Henry a U.S. citizen, is attending college and meets Francine who is about to graduate and return to her home country. If Francine is presently in legal status thru an F1 student visa, after first consulting with Family Visa's lawyers, Henry proposes to Francine, they marry and Henry petitions Francine for lawful permanent residence. Our attorney prepares the couple for their interview, going over possible questions and necessary documents in support of the petition, and accompanies the couple to the interview and Francine becomes a two year conditional Green Card.
Barriers to Entry: previous unlawful presence in the United States, criminal history, and security concerns are among a variety of factors that can prevent the spouse of an LPR or a U.S. citizen from entering the country. Some of these factors can be waived; others cannot. You should consult an experienced immigration lawyer if you think you may be ineligible to enter the country.