In an era marked by the unprecedented surge in social media and online dating platforms, connections forged over the internet have become increasingly prevalent. Should you find your ideal companion residing in another country, exploring immigration avenues could pave the way for your reunion in the United States. The K visa category in the United States is designed for the fiancé(e)s and spouses of U.S. citizens to enter the country and marry their U.S. citizen partner. There are two primary types of K visas: the K-1 visa for fiancé(e)s and the K-3 visa for spouses.
K-1 Visa Requirements
- U.S. Citizen Petitioner: The petitioner must be a U.S. citizen and have the intention to marry their foreign fiancé(e) within 90 days of the fiancé(e) entering the United States.
- Legitimate Relationship: The petitioner and the fiancé(e) must have a genuine and bona fide relationship, meaning they have met in person within the two years prior to filing the visa application, unless the meeting requirement is waived based on cultural or extreme hardship reasons.
- Intent to Marry: Both the petitioner and the fiancé(e) must have a genuine intention to marry each other within 90 days of the fiancé(e) entering the United States. They must provide evidence of their intent to marry, such as an engagement ring, wedding plans, or communication records.
- Nonimmigrant Intent: The fiancé(e) must demonstrate that they have nonimmigrant intent, meaning they have a legitimate intention to enter the United States for the sole purpose of marrying their U.S. citizen fiancé(e) and then returning to their home country.
The K2 visa is a nonimmigrant pathway designed for unmarried children under the age of 21 whose parents are K1 fiancé visa holders. This visa enables dependent children to enter and reside in the United States until they can transition to an immigrant visa status. While in the U.S., K2 visa holders can pursue education and employment opportunities upon obtaining a work permit. Obtaining a K2 visa is seamlessly integrated into the parent's K1 fiancé visa petition, essentially creating a joint application for both the K-1 applicant and their children. The U.S. citizen petitioner includes the names of their fiancé(e)'s children on the I-129F petition.
A pivotal timeline aspect involves the K1 foreign fiancé(e) and the U.S. citizen marrying within 90 days of entering the United States. Once married, K2 dependents can initiate the process of obtaining permanent residence by filing an application to adjust their status, ultimately securing a green card. Children can either join the K1 parent or accompany them within 12 months from the visa issuance date. If this timeframe is exceeded, a separate visa petition becomes necessary.
Key eligibility requirements include the child being unmarried, and the marriage between the fiancé and the U.S. citizen must transpire before the child's 21st birthday.
It is crucial to note that the K1 visa is exclusively intended for fiancé(e)s and is not applicable to already married couples. Consequently, if you are already married as a U.S. citizen, an alternative visa, such as the K4 visa petition, is required to bring your spouse and children to the U.S. The eligibility criteria for a K2 visa are as follows:
If you are a U.S. citizen who has submitted a Form I-130 on behalf of your spouse residing abroad, consider expediting their entry into the United States with the K3 visa. This visa is particularly beneficial for families seeking to avoid prolonged separation while awaiting USCIS's decision on their Form I-130 petition. Choose the K3 visa to reunite with your loved ones sooner rather than endure an extended period of living apart.
A pivotal timeline aspect involves the K1 foreign fiancé(e) and the U.S. citizen marrying within 90 days of entering the United States. Once married, K2 dependents can initiate the process of obtaining permanent residence by filing an application to adjust their status, ultimately securing a green card. Children can either join the K1 parent or accompany them within 12 months from the visa issuance date. If this timeframe is exceeded, a separate visa petition becomes necessary.
Key eligibility requirements include the child being unmarried, and the marriage between the fiancé and the U.S. citizen must transpire before the child's 21st birthday.
It is crucial to note that the K1 visa is exclusively intended for fiancé(e)s and is not applicable to already married couples. Consequently, if you are already married as a U.S. citizen, an alternative visa, such as the K4 visa petition, is required to bring your spouse and children to the U.S. The eligibility criteria for a K2 visa are as follows:
- The holder must be under 21 years of age and unmarried.
- The parent must be a K-1 fiancé(e) visa holder.
- Financial support for the child must be provided by the sponsoring U.S. citizen.
- The child should not have a history of drug addiction or a criminal record.
- A clear immigration medical check is mandatory for the child.
- Compliance with United States immigration laws is imperative.
If you are a U.S. citizen who has submitted a Form I-130 on behalf of your spouse residing abroad, consider expediting their entry into the United States with the K3 visa. This visa is particularly beneficial for families seeking to avoid prolonged separation while awaiting USCIS's decision on their Form I-130 petition. Choose the K3 visa to reunite with your loved ones sooner rather than endure an extended period of living apart.
K-3 Visa Requirements
- U.S. Citizen Petitioner: The petitioner must be a U.S. citizen and already married to their foreign spouse.
- Pending Immigrant Visa Petition: The U.S. citizen petitioner must have filed an immigrant visa petition (Form I-130) on behalf of their foreign spouse. The K-3 visa is intended to allow the foreign spouse to enter the United States while their immigrant visa petition is being processed.
- Legitimate Marriage: The petitioner and the foreign spouse must have a valid and legally recognized marriage.
- Nonimmigrant Intent: The foreign spouse must demonstrate that they have nonimmigrant intent, meaning they have a legitimate intention to enter the United States as a temporary visitor and await the processing of their immigrant visa petition.
Both the K-1 and K-3 visas allow the visa holder to have dual intent, meaning they can enter the United States with the intention of marrying or reuniting with their U.S. citizen partner and also have the option to pursue permanent residency (green card) in the future. Once married, K-1 visa holders must apply for adjustment of status to obtain conditional permanent residency (green card). K-3 visa holders can apply for adjustment of status or choose to complete the immigrant visa process abroad. Both K-1 and K-3 visa holders can apply for work authorization after entering the United States. This allows them to legally work while their adjustment of status or immigrant visa process is ongoing.
The K4 visa is specifically tailored to the children of K3 spouse visa holders; it provides a unique avenue for entry into the United States, bridging the gap while awaiting the availability of an immigrant visa. The K4 visa is exclusively designed for children of married couples.
To qualify for the K4 visa, eligible children must adhere to the following criteria:
To qualify for the K4 visa, eligible children must adhere to the following criteria:
- Age: Less than 21 years old
- Aspiration: An earnest desire to immigrate to the United States
- Relationship: Offspring of a K3 spouse visa holder
- Marital Status: Unmarried and not leading an independent life
- Immigration Record: No history of prior immigration violations
The processing times for K visas can vary. It's important to check the current processing times and requirements with the U.S. Department of State or U.S. Citizenship and Immigration Services (USCIS).
Our dedicated team of immigration attorneys is here to guide you through the intricate process, ensuring that love knows no borders.
Our dedicated team of immigration attorneys is here to guide you through the intricate process, ensuring that love knows no borders.