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K Visa: Fiance, Spouses and Minor Children

Are you a foreign national who has recently gotten engaged to be married to a U.S. citizen?

Are you a foreign citizen living abroad, and either married or engaged to a U.S. citizen?

Do you want to live in the U.S. with your fiance/spouse?

If you answered “Yes” to one or more of the questions above, the K visa may be the right choice for you! If you are a fiance or spouse of a U.S. citizen, you may be able to enter the United States on a K visa, otherwise known as a Fiance Visa. The main purpose of a K visa is to allow foreign national fiances who live outside the USA, to travel into the U.S. to marry their U.S. citizen fiances.

Types of K Visas

K Visas are typically issued to two groups of people:

  1. K-1 Visa: Fiances of U.S. citizens who are living outside the U.S.
  2. K-3 Visa: Spouses of U.S. citizens who are living outside the U.S.
  3. K-2 and K4 Visas: The minor children of K visa fiances or spouses who will accompany them into the U.S.

What are the requirements of a K Visa?

The different requirements for each type of K visa are:

K-1 Visa (Fiances of U.S. citizens):

  • The foreign national fiance must be living outside of the U.S;
  • The U.S. citizen must first file a Petition for Alien Fiance with United States Citizenship and Immigration Services (USCIS) and have it approved before the foreign national fiance may apply for a K visa;
  • Both the U.S. citizen and the fiance must remain unmarried until the arrival of the foreign national fiance in the U.S.;
  • The foreign national fiance and U.S. citizen must have met personally at least once in the two years before the K visa petition was filed.

K-3 Visa (Spouses of U.S. citizens):

  • The foreign national spouse must be living outside of the U.S.;
  • The U.S. citizen spouse must first file a Petition for Alien Fiance with the United States Citizenship and Immigration Services (USCIS) and have it approved;
  • A Petition for Alien Relative for the benefit of the spouse must also have been filed, along with the Petition for Alien Fiance;
  • If the marriage occurred outside the U.S., the K visa must be issued by the U.S. consulate in the country where the marriage occurred.

K-2 visa and K-4 Visas (Children of U.S. citizens’ fiances & Children of U.S. citizens’ spouses)

  • The children must be located outside of the U.S. and will accompany the K-1 or K-3 visa applicant or visa holder to the U.S.;
  • The children must be under twenty-one (21) years of age and unmarried.

Limitations on K Visa:

The K Visa has various limitations. Some of these restrictions are as follows:

  • By law, non-immigrant aliens cannot change to K visa status while they are in the U.S. The K visa is only available to those living outside of the U.S.
  • K-1 visa holders (foreign fiances) must get married to their U.S. citizen fiance within 90 days of their entry into the U.S.
  • K visa holders may not change to any other non-immigrant status while they are present in the U.S.
  • If a person is temporarily barred from entering into the U.S. for a previous violation of U.S. immigration law, he or she may not use a K visa to enter into the U.S.
  • The foreign national spouse may obtain work authorization from United States Citizenship and Immigration Services (USCIS) during the visa waiting period.

Conclusion

If you are a fiance or spouse of a U.S. citizen, the K visa may be the perfect option. The K visa typically allows you and your children to enter into the U.S. to be with your U.S. citizen fiance prior to your marriage. Please note that foreign fiances entering under the K-1 visa must be married within ninety (90) days of their entry into the U.S.

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