The K Visa is also known as the Fiancé visa. If your fiancé is not a U.S. citizen and you plan to get married in the U.S., your fiancé will need a K Visa. You may petition with the USCIS for your fiancé. Once approved, your fiancé will be able to obtain their visa through the U.S. Embassy or U.S. Consulate in their own country. There are some important considerations for the K Visa application:
- The wedding must take place within 90 days of entrance in the U.S.
- If the wedding does not take place in 90 days, the applicant must leave the country
- If the applicant intends on living and working permanently in the United States he or she must apply for permanent residency after the marriage
- The fiancé may only enter the U.S. one time on a K visa. If the applicant leaves the U.S. before getting married a new visa will be required.
- You and your fiancé must have met in person within the last two years (there may be some religious exceptions to this rule)
- Both parties must be free to marry (unmarried, divorced or widowed)
The applicant will receive conditional permanent residency for a period of two years. This conditional residency is granted when the applicant is transitioning to permanent status.
K-2 Visas are available to the children of K1 Visa holders. This visa allows children of the fiancé to enter the U.S. while awaiting the marriage of the parent.
The K-2 Visa:
- For unmarried children under 21 years of age
- For children of the fiancé
- Allows children to study while in the U.S.
- Allows children to apply for a work permit
- Can apply for permanent residency after the wedding takes place
K-3 Visas are designed for spouses of U.S. citizens who are waiting for an immigrant visa abroad.
K-4 Visas are for the children of K-3 Visa applicants.