QUESTION

I have spouse in others country and we did religious marriage. now can i approve for k-3 spouse visa.

Asked on May 03rd, 2013 on Immigration - North Dakota
More details to this question:
i dont have court marriage only religious marry
Report Abuse

2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The question is whether the religious marriage is considered a legal marriage in your home country. If so, you would be able to file the I-130 petition to begin the process of having him/her come over as your spouse. Very few individuals apply for the K-3 visa anymore because I-130 petitions for spouses of US citizens are being adjudicated within a reasonable time, and the entire purpose of the K-3 was to allow faster entry due to USCIS processing delays on the I-130 petitions. If the religious marriage is not recognized as a legal marriage, you may attempt to bring him or her over as a fiancé under the K-1 visa which is available to US citizens. A petition would be submitted on form I-129F to USCIS with proof of a bona fide relationship.  
Answered on May 31st, 2013 at 2:06 PM

Report Abuse
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
1 Award
Hello. If the ceremony is not legally recognized in the country and only for ceremonial purposes, you may need to file a fiance visa (K1), instead of a K3. Fiance visas process faster, but you will then marry and need to file for their green card later while in the US. Let me know if you have other questions. Here is some information: http://www.ksvisalaw.com/Immigration-Law/Family-Immigration/Fianc-e-K-1-and-K-3-visas.aspx
Answered on May 03rd, 2013 at 5:10 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters