K-1 Fiance Visas
The K-1 visa is a special, temporary visa for fiancé(e) of U.S. Citizens who wish to get married in the United States. If you are a U.S. citizen, and you wish to marry a foreigner and bring him or her to the U.S. to become your husband or wife, then a K-1 visa allows you to bring your fiancée here to get married. The K-visa categories for fiancé(e)s of U.S. citizens and their accompanying minor children (K-1 and K-2 visas) were created to speed up the immigration process for such individuals so they could travel more quickly to the United States. By allowing a fiancé(e) and his/her accompanying minor children to be admitted to the United States as nonimmigrants, fiancé(e)s can be spared a long separation from their intended spouse, while continuing their processing for an immigrant visa after the marriage takes place.
Once you arrive in the U.S. on the K-1 visa, you have 90 days to get married and apply for a green card. You should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry the U.S. citizen who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means. Eligibility Criteria
You may be eligible to receive a green card as a K nonimmigrant fiancé(e), spouse, or his/her minor child if you:
- Are the beneficiary of an immigrant visa petition that was filed by a U.S. citizen for their spouse or fiancé(e), or the minor children of that spouse/fiancé(e)
- Have been admitted to the United States as a K Nonimmigrant
- Met the requirement to marry the U.S. citizen fiancé(e) within 90 days of entry, if a K-1 visa holder
- Are eligible to adjust status as the spouse or child of a U.S. citizen, or the minor child of a K-1 visa holder
- Have an immigrant visa immediately available
- Are admissible to the United States
The K-3 visa for spouse of a US citizen and K4 visa for the spouse's children were created to unite a US citizen and his or her foreign spouse instead of waiting abroad for an immigrant visa. The K-3 and K-4 visas allow the foreign spouse and his or her children to enter the United States as nonimmigrants, re-unite with their family here, and then apply for permanent resident status (Green Card) while in the United States. To establish K3 visa classification for a foreign spouse, an American citizen must file a K-3 petition with the US Citizenship and Immigration Services and document that an immigrant petition is pending. The approved K-3 petition will be forwarded by the USCIS to the American consular office where the foreign spouse will apply for his or her visa. A petition is valid for a period of four months from the date of USCIS action, and may be revalidated by the consular officer. Persons in K-3 or K-4 status and applicants for adjustment to permanent resident status from K-3 or K-4 are eligible to apply for a work permit while their cases are pending. If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously. K-3/K-4 status will terminate after two years if the alien does not file a request for extension of stay. K-4 status also terminates when the alien child turns 21 years of age or marries. K-4: Unmarried child (ren) under age 21 of the K-3. K-3 and K-4 visas are issued for a validity of two years. A K-4 can be admitted for up to two years or his/her 21st birthday, whichever occurs first. Extensions of status may be submitted, provided an application for adjustment of status has been filed. An adjustment application can be filed only after the immigrant visa petition has been approved.