K-visas/the situation when a US citizen wishes to bring in an overseas spouse

Many people are shocked and confused by the rules as they apply to the issuance of visas to overseas spouses or fiancées of US citizens.

In short, once an individual is either married to a US citizen or is a fiancée of a US citizen AND wish to come to the US to apply for a green card they are no longer eligible for a Tourist visa or visa waiver.

The reason for this non-eligibility lies in the fact that they no longer have a temporary or non-immigrant intent-and as such they are technically ineligible for a Tourist visa-Indeed to apply for a tourist visa and enter the US as a tourist would constitute visa fraud and a ground for exclusion. NOTE that if after the marriage, or of in any event, the spouse does NOT intend to file for a green card in the United States BUT return home to their residence abroad then a Tourist visa is appropriate in this case.

Of course, if when the individual entered the US they did NOT intend to marry a US citizen and apply for  a green card such a problem would not arise as long as they do not fall foul of the 30 day/60 day/90 day rule on non-immigrant intent. Basically, if someone comes to the US on a tourist visa and months later, having overstayed, they meet and decide to marry a US citizen, no fraud has been committed on their part and they are eligible to apply for a green card in the US.

Therefore, a US citizen wishing to bring a non-citizen spouse permanently to the United States has three options.

1. Apply for a K-1 fiancée visa for their overseas fiancée. The fiancée would be able to enter the US to marry the US citizen within 90 days of arrival and then apply for a green card in the he normal way

2. If already married to the overseas spouse-apply for a K3 spousal visa-once in the US the spouse can apply for a  green card in the normal way

3. If already married file directly for a green card thru the overseas US consulate, if they can be persuaded to accept such an application.

Which route is the fastest?  The answer to this question depends on where the US citizen and spouse intend to reside in the US.  For example in California, the longest route is thru the K1 visa whereas in the North Eastern US the K-1 processing times are much faster.

Depending on the US consulate, it may be quicker to file directly for a green card overseas.