K Visas for the Spouse or Fiancee of a US Citizen

If you are a fiancee or spouse of a US Citizen, you will need to obtain a K Visa in order to enter the U.S. while you wait for your Immigrant Visa petition to be processed. There are four K Visas:

K-1 requirements

The US citizen must file the Petition for Alien Fiancé(e), Form I-129F with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live.

Once the petition is approved and sent to the embassy or consulate of the fiancees country of citizenship, the fiancee will need to take a medical exam and must provide the following information:

The consular officer may ask for additional information according to the circumstances of the case.

You must get married within 90 days of your fiancé(e)’s entry into the United States.

The K-1 visa allows a fiancé(e) to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the United States, you should apply with Form I-131 Application for Travel Document to the USCIS office that serves the area where you live for advance parole to return to the United States.

As a K-1 visa holder you may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where you live for a work permit (employment authorization document).

K-2 requirements

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status.

The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that the child must be unmarried and the stepparent/stepchild relationship must be created before the child reaches the age of 18.

K-3 requirements

The application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be made and the visa issued in the country where the marriage took place.

The first step is to file a Petition for Alien Relative, Form I-130 for your spouse (husband or wife) to immigrate to the United States. This must be done before applying for a K-3 Visa.

In general the following will be expected:

As a K-3 visa holder, you can file form I-765, Application for Employment Authorization with the USCIS that serves the area where you live for an employment authorization document (work permit).

K-4 requirements

Children do not need separate Petition for Alien Relative, I-130 petitions, but you, the petitioner, must take care to name all your children on the Petition for Alien Fiance, I-129F petition, in order to avoid further complications.

You must file separate I-130 immigrant visa petitions for your children before they qualify for permanent residence. When they adjust status in the United States, they must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS Office that serves the area where you live.

Remember that the child must be unmarried and under 21.

For more information, or for help determining and obtaining the right VISA for you, please consider a legal consultation.