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.
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 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.