The U.S. citizen petitions to the USCIS
Service Center for fiance visa approval,
the approval is forwarded to the foreign
U.S. consulate where the foreign fiance
lives.

The foreign fiance gathers certain
paperwork, attends an interview, and
(hopefully) gets the fiance visa, travels to the U.S., marries in the U.S. and applies to adjust status during the first 90 days.

Total time estimated: 6-9 months, give or take. This is usually the preferred method unless the couple wants to marry and attempt Direct Consular filing (if available) or file a K-3.

• typically quicker than a spousal visa

• can work upon entry after getting social security card and an EAD. An EAD is applied for at the same time you file for AOS (after marriage). Typical wait times are 90 days to get the EAD).

• May allow for a "get to
know your fiance better"
period before marriage,
since the visa is good
for 90 days. If you pursue a spousal visa you MUST marry before you apply for a visa to enter the US.

• entry not much slower
than fiance visa.

• can work upon entry after getting social security card and an EAD.

• NO advance parole
needed for travel
outside the US. K3 and
K4 visa recipients are in
valid status for 2 years
and the visa is a multiple
re-entry visa.

• K-3/K-4 visa holders
may extend status by
showing strong intent to
eventually adjust status.

• After receiving the k3
visa, the spouse enters
on the K3 and is allowed
to work and to travel,
and may file adjustment
of status BEFORE the
I-130 petition is
approved.

• Generally allows applicant to enter the US faster then waiting for the I-130 to be approved and the IR-1 / CR-1 visa to be issued.

This is basically the 1st half of the K-3 process. If you file for a K-3 you are filing to get an IR-1 / CR-1 by default (filing an I-130) as well as for the K-3. The K-3 was designed to allow the foreign spouse to enter the US even if the I-130 has not been approved. In most cases this works out well since the I-130 takes so long to approve and the K-3 is relatively fast. In some cases the I-130 is approved fast enough though that this option is better then a K-3 (or if the applicant applied for a K-3 -- i.e. filed an I-129f -- then they can abandon the K-3 and pursue the IR-1 / CR-1 instead).

• can work upon entry (no restrictions)

• This is an "immigrant" Visa and will as such allow the applicant to arrive in the US as a permanent resident.

• They will not require an Advanced Parole document to leave the US for travel or require an EAD to work.

• As of April 2005 many applicants have reported that IR1/CR1's are faster than the K-3 option. This may change at any time though.

• Separation from family for sometimes longer then the K-3 or K-1 visa option. Applicant will most likely not be able to enter the US during this time.

U.S. consulates typically will only do this for US citizens who are residents, however if you do qualify, it can be the quickest route, depending on their wait time for the interview. Contact your respective Consulate to determine if this option is valid.

The foreign spouse can work upon
entering the US and obtaining a social
security card, in usually 1-2 weeks. The
foreign spouse will not need advance
parole to travel outside of the U.S..

• Interested persons should be sure to check on the marriage requirements in the country where they
plan to marry, as some of
these are time-consuming
and/or expensive.

• Consular policies can
change over time, and one
should always confirm with
the consulate that they will
do this process.

Notes about DCF:

Read more about direct consular filing in the 9fam:
http://foia.state.gov/masterdocs/09fam/09n0200.pdf