K-Visas: Fiancé(e)s of U.S. Citizens
K-1 and K-2 Visas
The K-1 visa is designated for you, the U.S. Citizen, who wants to bring your fiancé(e) (who is currently living abroad), to the U.S. to marry and eventually adjust his or her status to a U.S. permanent resident.
To qualify for the K-1 visa, you must demonstrate the following:
- You, the petitioner, are a U.S. Citizen.
- Once the petition is filed and a K visa is issued, the petition is valid for 4 months. Your fiancé(e) should make arrangements during the 4 month validation period to travel to the U.S. and marry.
- There is a bona fide intention to marry your fiancé(e) within 90 days from the date your fiancé(e) enters the U.S.
- You and your fiancé(e) are both legally able to get married (any previous marriages are dissolved, annulled, etc.)
- You met each other at least once in person within the last two years (some cultural and hardship exceptions may apply).
- Minor children of fiancé(e)s can accompany them on a K-2 visa and are also eligible to adjust status once U.S. citizen and fiancé(e) marry within 90 days of arrival.
A petitioner (the U.S. citizen) who has criminal record must report the record if it shows any arrests/convictions for domestic violence, sexual assault, child abuse and neglect, elder abuse, stalking, certain violent crimes, and crimes related to a controlled substance of alcohol where the petitioner has been convicted on at least 3 separate occasions. In these instances, the petitioner will need to apply for a waiver with the K-1 petition.
K-3 and K-4 Visas
A K-3 visa is designated for a person who has a valid marriage to a U.S. citizen, the U.S. citizen has filed an I-130 petition, and the beneficiary seeks to enter the U.S. to await approval. Unmarried children (under 21 years of age) may qualify for a K-4 visa by establishing that he or she is the child of the K-3 beneficiary. In other words, the K-3 visa is meant for U.S. citizens who have already married their spouse outside of the U.S. and are looking to bring them to the U.S. while their adjustment of status application is being processed.
How long will it take?
The U.S. Citizenship Services and Immigration (“USCIS”) will begin processing your fiancée K visa once it receives the paperwork. After your paperwork leaves the office of the USCIS it will be submitted to the National Visa Center (NVC). From there the matter will be sent to the U.S. Embassy or Consulate in your fiancé(e)’s resident country, which will need additional time and information to process your petition and schedule your interview.
Call now to get a Free Consultation!
If you are a U.S. citizen and are planning to sponsor your foreign fiancé(e) or spouse that lives abroad, call now to schedule a free office consultation so that we can discuss your K visa option!