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K Visas

Are you a foreign national who has recently gotten engaged to be married to a U.S. citizen?
Are you a foreign citizen living abroad, and either married or engaged to a U.S. citizen?
Do you want to live in the U.S. with your fiancé/spouse?

If you answered “Yes” to one or more of the questions above, the K visa might be the right choice for you! If you are a fiancé or spouse of a U.S. citizen, you may be able to enter the U.S. on a K visa, otherwise known as a Fiancé Visa. The primary purpose of a K visa is to allow foreign national fiancés who live outside the U.S. to travel to the U.S. to marry their U.S. citizen fiancés.

TYPES OF K VISAS

K Visas are typically issued to two groups of people:

  1. K-1 Visa: Fiancés of U.S. citizens who are living outside the U.S.
  2. K-3 Visa: Spouses of U.S. citizens who are living outside the U.S.
  3. K-2 and K4 Visas: The minor children of K visa fiancés or spouses who will accompany them into the U.S.

WHAT ARE THE REQUIREMENTS OF A K VISA?

The different requirements for each type of K visa are:

K-1 VISA (FIANCÉS OF U.S. CITIZENS):

  • The foreign national fiancé must be living outside of the U.S.;
  • The U.S. citizen must first file a Petition for Alien Fiancé with the United States Citizenship and Immigration Services (USCIS) and have it approved before the foreign national fiancé may apply for a K visa;
  • Both the U.S. citizen and the fiancé must remain unmarried until the arrival of the foreign national fiancé in the U.S.;
  • The foreign national fiancé and U.S. citizen must have met personally at least once in the two years before the K visa petition was filed.

K-3 VISA (SPOUSES OF U.S. CITIZENS):

  • The foreign national spouse must be living outside of the U.S.;
  • The U.S. citizen spouse must first file a Petition for Alien Fiancé with the United States Citizenship and Immigration Services (USCIS) and have it approved;
  • A Petition for Alien Relative for the benefit of the spouse must also have been filed, along with the Petition for Alien Fiancé;
  •  If the marriage occurred outside the U.S. the U.S. consulate in the country where the marriage occurred must have issued the K visa.

K-2 AND K-4 VISAS (CHILDREN OF U.S. CITIZENS‘ FIANCÉS CHILDREN OF U.S. CITIZENS‘ SPOUSES)

  • The children must be located outside of the U.S. and will accompany the K-1 or K-3 visa applicant or visa holder to the U.S.; and,
  • The children must be under twenty-one (21) years of age and unmarried.

LIMITATIONS ON K VISA

The K Visa has various limitations associated with it. Some of these restrictions are as follows:

  • By law, non-immigrant aliens cannot change to K visa status while they are in the U.S. The visa is only available to those living outside of the U.S.;
  •  K-1 visa holders (foreign fiancés) must get married to their U.S. citizen fiancé within 90 days of their entry into the U.S.;
  • K visa holders may not change to any other non-immigrant status while they are present in the U.S.;
  • If a person is temporarily barred from entering the U.S. for a previous violation of U.S. immigration law, he or she may not use a K visa to enter into the U.S.;
  • The foreign national spouse may obtain work authorization from the United States Citizenship and Immigration Services (USCIS) during the visa waiting period.

CONCLUSION

If you are a fiancé or spouse of a United States citizen, the K visa may be the perfect option. The K visa typically allows you and your children to enter the United States to be with your United States citizen fiancé before your marriage. Please note that foreign fiancés coming under the K-1 visa must be married within ninety (90) days of their entry into the United States.

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