K VISAS FOR SPOUSES OR FIANCEES OF US CITIZENS
A K Visa is an immigration document that allows an alien fiancée or spouse of a U.S. Citizen to enter the United States for the sole purpose of obtaining a green card.
K-1 Visa Requirements
- Both the U.S. citizen and the fiancée must remain unmarried until the arrival of the fiancée in the U.S.
- In most cases, the alien fiancée and U.S. citizen must have met personally at least once in the two years before the K-1 petition was filed.
- The marriage between the U.S. citizen and the fiancée must take place within 90 days of the fiancée’s arrival in the United States.
The fiancée is free to enter the United States once a valid K-1 visa is issued. Once the fiancée enters the U.S., the marriage between the Petitioner and the fiancée must take place within 90 days of the fiancée’s entry. If the fiancée does not marry the Petitioner within 90 days, or if the fiancée marries someone other than the Petitioner, the fiancée must leave the United States after 90 days.
The unmarried, minor children of a K-1 beneficiary are issued K-2 visas. A separate petition is not required if the children accompany or follow the alien fiancé within one year from the date of issuance of the K-1 visa.
K-3 Visa Requirements
- The U.S. citizen and the alien relative must have entered into a valid marriage.
- The U.S. citizen spouse must have previously filed a relative based immigrant visa petition for the alien spouse.
- The alien spouse must seek to enter the United States to await the approval of the petition and subsequent lawful permanent resident status.
Once the K-3 visa petition is approved by the USCIS the application is forwarded to the American consulate abroad where the alien wishes to apply for the K-3 visa. Children of the United States citizen may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.
If you would like to learn more about your specific visa options please send a request to us at:
Leibl and Kirkwood PC
12625 High Bluff Drive
San Diego, CA 92130
Tel. (858) 481-5211
Fax. (858) 481-7271