K Visas


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 fiancé/spouse?

If you answered “Yes” to one or more of the questions above, the K visa might be the right choice for you! If you are a fiancé or spouse of a U.S. citizen, you may be able to enter the U.S. on a K visa, otherwise known as a Fiancé Visa. The primary purpose of a K visa is to allow foreign national fiancés who live outside the U.S. to travel to the U.S. to marry their U.S. citizen fiancés.

TYPES OF K VISAS

K Visas are typically issued to two groups of people:

1) K-1 Visa: Fiancés 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 fiancés 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 (FIANCÉS OF U.S. CITIZENS):

- The foreign national fiancé must be living outside of the U.S.;

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- The U.S. citizen must first file a Petition for Alien Fiancé with the United States Citizenship and Immigration Services (USCIS) and have it approved before the foreign national fiancé may apply for a K visa;

- Both the U.S. citizen and the fiancé must remain unmarried until the arrival of the foreign national fiancé in the U.S.;

- The foreign national fiancé 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 Fiancé 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 Fiancé;

- If the marriage occurred outside the U.S., the U.S. consulate in the country where the marriage occurred must have issued the K visa.

K-2 AND K-4 VISAS (CHILDREN OF U.S. CITIZENS' FIANCÉS & 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.; and,

- The children must be under twenty-one (21) years of age and unmarried.


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