K-1 Fiance Visas
K-I Nonimmigrant visa category permits the fiancé(e) of a U.S citizen petitioner to enter the United States for a 90-day period to marry the petitioner. Within that 90 day period, the US citizen and the foreign fiancé(e) must be married. The fiancé(e) must then apply for permanent resident status in the United States. The applicant is initially granted conditional resident status. After two years, applicant may apply to the USCIS for removal of the conditional status.
The application for a K-1 visa will be approved if both the parties have previously met in person within two years of the date of filing the petition. Both parties must have a bonafide intention to marry and are legally able and actually willing to conclude a valid marriage in the United states within 90 days after the fiancé(e)’s arrival.
To establish K1 visa classification for an alien fiancé(e), an American citizen must file a petition with the US Citizenship and Immigration Services. The approved petition will be forwarded by the USCIS to the American consular office where the alien fiancé(e) will apply for his or her visa. A petition is valid for a period of four months from the date of USCIS action, and may be revalidated by the consular officer.
Upon approval of the K1 petition by the USCIS, the applicant may apply for a K1 visa stamp at the American consular office. If found eligible, a visa will be issued, valid for one entry during a period of six months. A fiancé(e) visa applicant is an intending immigrant and, therefore, must meet documentary requirements similar to the requirements of an immigrant visa applicant. The alien fiancé(e) can obtain work authorization incident to their K status.
K-2: Unmarried child/children under age 21 of the K-1 may be issued K-2 visas. Proof of relationship to the K-1 parent is required. In some countries, evidence that the biological parent has provided his/her consent for his/her child to depart the country is required.
K-1 and K-2 visas are valid for only 90 days for one entry. During this time, the K-1 and K-2 must enter the United States and, during the next 90 days, the K-1 and the U.S. citizen must marry. Thereafter, an application to adjust status to Conditional Lawful Permanent Resident is submitted to the local USCIS office having jurisdiction over the place of residence of the K-1/K-2 in the U.S.
The K-3 visa for spouse of a US citizen and K4 visa for the spouse’s children were created to unite a US citizen and his or her foreign spouse instead of waiting abroad for an immigrant visa. The K-3 and K-4 visas allow the foreign spouse and his or her children to enter the United States as nonimmigrants, re-unite with their family here, and then apply for permanent resident status (Green Card) while in the United States.
To establish K3 visa classification for a foreign spouse, an American citizen must file a K-3 petition with the US Citizenship and Immigration Services and document that an immigrant petition is pending. The approved K-3 petition will be forwarded by the USCIS to the American consular office where the foreign spouse will apply for his or her visa. A petition is valid for a period of four months from the date of USCIS action, and may be revalidated by the consular officer.
Persons in K-3 or K-4 status and applicants for adjustment to permanent resident status from K-3 or K-4 are eligible to apply for a work permit while their cases are pending. If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously. K-3/K-4 status will terminate after two years if the alien does not file a request for extension of stay. K-4 status also terminates when the alien child turns 21 years of age or marries.
K-4: Unmarried child (ren) under age 21 of the K-3. K-3 and K-4 visas are issued for a validity of two years. A K-4 can be admitted for up to two years or his/her 21st birthday, whichever occurs first. Extensions of status may be submitted, provided an application for adjustment of status has been filed. An adjustment application can be filed only after the immigrant visa petition has been approved.
