Fiancé Visas (K Visas)
The K visa category allows the foreign national spouse or fiancé of a U.S. citizen to enter the U.S. along with their unmarried children (under 21 years old). Once in the U.S., they must file another application to receive Lawful Permanent Resident status (green card). The K visa is issued in cases where the U.S. citizen and his or her partner:
- Intend to marry in the U.S. and apply for a green card for the foreign spouse or
- Are already married but their green card has not yet been approved.
Here Are the Various Sub-categories of the K Visa Class
K-1 & K-2 VISAS (Fiancé visa)
A U.S. citizen whose fiancé is currently residing in another country can apply for a K-1 visa which allows the foreign partner to join his/her bride or groom to be in the United States. A binding condition of issuing the K-1 visa is that the marriage has to take place within a 90-day period of the foreign national arriving in the US. Another condition of the K-1 visa is that the foreign national should apply for adjustment of status to “permanent resident” as soon as they are married.
Fiancés applying for a K-1 visa are also eligible to bring any minor dependents (unmarried children under the age of 21) to the United States with them. This is done by applying for nonimmigrant K-2 visas for the dependents. The dependents’ eligibility is based on their K-1 parent.
K-3 & K-4 VISAS (For Spouses Outside the U.S.)
Foreign nationals who marry U.S. citizens while they are both living abroad are eligible to apply for a non-immigrant K-3 visa. After entering the United States to join their U.S. spouse, the K-3 visa holder must apply for an adjustment of status to a green card. The K-4 visa similarly allows children of the foreign spouse to come to the US with them and apply for a green card after they have landed.
K-3 and K-4 visa applicants must apply in the country where the marriage occurred. If the marriage took place in the United States, the foreign national spouse should apply in the country where he or she is a current resident. K-3 and K-4 visa holders have the right to apply for extensions on their visas while they wait for their green card applications to be approved. Although individual circumstances can very, extensions are typically granted for two years at a time.
Consult with an Immigration Attorney to Make Sure Your K-Visa Application is a Success
The paperwork and application process for a successful K-Visa petition can be time consuming and difficult. A solid file with all the supplementary evidence proving you and your spouse’s relationship is genuine is the key to a successful application. To see if your spouse qualifies for a K-Visa, contact a qualified and licensed immigration attorney today.
