Persons who are married to American citizens or are thinking about marriage would find these categories suitable for their needs. There are other existing options but are predominantly limited to foreign nationals who are married to lawful permanent residents (LPR’s) of the United States.

Basic Requirements

The non – immigrant visa referred to as the K-1 Fiancée Visa is open to fiancées of American citizens. Based upon a marriage within 90 days after entering the U.S. in this visa category, permission of entry to the United States and a following application for modification is granted of status to permanent residence. Several factors are considered in this process, such as country of citizenship of the applicant and certain marriage arrangements. This will have an affect on whether or not one applies as a K-1 or waits to get married and be petitioned as a spouse. Foreign nationals who are married to a U.S. citizen or permanent resident can be petitioned and subsequently apply for permanent residence at a U.S. Consulate abroad. The U.S. Consulate in Canada, Montreal is accountable for these petitions. Verification of an authentic marriage and acceptable financial support are necessary. Also, entry to the U.S as a non – immigrant status is granted to persons married to American citizens applying from overseas. Due to this application the person will also allow to maintain residence in the U.S. as a non – immigrant at an earlier date. Individual petitions and succeeding applications are required for K-3 status.
Lastly, for those foreign nationals, including Canadian citizens, who lawfully enter the United States and are married to American citizens, can apply to adjust their permanent residence status.

Where to Apply

Initial petitions are required for all of the above noted categories, to be filed at specified BCIS Regional Service Centers, depending upon the place of residence of the petitioner (i.e. U.S. sponsor) with the exception of adjustment of status applications. K-3 petition have their own designated centers. The U.S. Consulate in Montreal, Canada processes all family-based applicants who are citizens of Canada, permanent residents of Canada or who have longer-term temporary resident status in Canada, upon approval of petitions. Ultimately personal interviews will be required.
Depending upon the location of residence of the U.S. citizen petitioner’s spouse, modification of status applicants in the United States must apply at designated local offices.

How Can A.J & Associates Help?

If you have a significant other in the United States who married or planning to marry, it is imperative to establish the appropriate option suitable for you in order to produce a desired outcome. We can assist you in making the correct decision based on all of the facts, such as alterations in processing that take place periodically.
Upon the decision being made, we can assist you in guaranteeing that the application package filed, both in the United States and in Consulates, is in accordance with requirements to avoid any delays. We also respond to any BCIS Regional Service Center or Consular enquiries for further documentation and prepare spouses and fiancées for interviews.

• Family-based Petitions