K VISA

K visas are issued to two groups of people: 1) U.S. citizens' fiancés who are outside the U.S. (issued K-1 visas), and 2) U.S. citizens' spouses who are outside the U.S. (issued K-3 visas). The minor children of such fiancés or spouses who will accompany them to enter into the U.S. may apply for a "K-2" or "K-4" visa respectively.

The purpose of the K-1 visa is to allow the alien fiancé who lives outside the U.S. to travel into the U.S. to marry the citizen fiancé.

The purpose of the K-3 visa is to promote family reunion and serves as a temporary remedy for the long delayed family based immigration petition process. It allows the alien spouse to stay in the U.S. while waiting for the result of the pending immigration petition. The alien spouse may obtain work authorization during the waiting period.

Requirements

• The alien fiancé must be outside the U.S.;
• The U.S. citizen must first file an I-129F petition with the USCIS and have it approved before the alien fiancé may apply for a K visa.
• Both the U.S. citizen and the fiancé must remain unmarried until the arrival of the alien fiancé in the U.S.
• The alien fiancé and U.S. citizen must have met personally at least once in the two years before the I-129F petition was filed.

• The alien spouse must be outside the U.S.
• An immigrant petition (Form I-130) for the benefit of the spouse must have been filed when the I-129F (K visa petition) is filed.
• The U.S. citizen spouse must file an I-129F petition (K visa petition) with the USCIS and have it approved.
• 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.

• The child must be outside the U.S. and will accompany K-1/K-3 visa applicant or holder to come to the U.S.
• The child must be unmarried and under 21 years old.

The law does not allow non-immigrant aliens to change to "K" status while they are in the U.S. It is solely available to those outside the U.S. for the purpose of family reunification with the U.S. citizens.

Further more, K visa/status holders may not change to any other non-immigrant status while they are in the U.S.

If a person is temporarily barred from entering into the U.S. for previous violation of U.S. immigration law, s/he cannot use K visa to enter into the U.S. And the amended 245(i) does not benefit K visa/status holders either.