K Visa

The K Visa category contains the following types of visas:

K-1 : Fiance/e
Issued to the fiancé/e of a U.S. citizen who seeks entry to the U.S. solely to conduct a valid marriage with the petitioner. The marriage must take place within 3 months of entering the United States.

K-2 : Children of Fiance/e
Issued to minor, unmarried children of the fiancé/e, who are included in the same petition.

K-3 : Spouse of U.S. Citizen
Issued to an alien spouse of a U.S. citizen who is waiting outside the United States for approval of his/her immigrant visa petition.

K-4 : Children of K-3 visa holder
Issued to dependant children of the alien spouse of a U.S. citizen.

K Visa

Purpose:
When an alien wishes to enter the United States to marry a U.S. citizen, he/she must apply for a ‘K’ visa. However, to be eligible for this, the American fiancé/e of the alien must first file a petition (Form I-129F) with the INS in the area of the petitioner’s place of residence in the U.S. The approved petition is then forwarded to the U.S. Consular Office where the alien will apply for his/her visa.

Requirements:
a) Both the petitioner and the alien fiancé/e must be legally free to marry – i.e. both must be unmarried or any previous marriage must have officially ended through divorce, annulment or death.
b) The petitioner must have met his/her fiancé/e in person within the last two years before filing for the fiancé/e visa. (This requirement may be waived if such a meeting is against long established customs.)
c) The marriage must take place within ninety days of the alien entering the United States.

Duration of visa:
Not Applicable (once in the U.S. you will apply for permanent resident status)

Description:
The K-1 visa is a visa that allows fiancés/fiancées or spouses of U.S. citizens, and their unmarried children under the age of 21, to come to the U.S. and apply for permanent resident status. However, to be eligible for a K visa, you must be engaged to marry or already married to a U.S. citizen. If you are not yet married, your future spouse (i.e. the US citizen), must show that you have met in person, within the previous 2 years and that you are both legally able and willing to marry within 90 days of your arrival in the U.S. The K visa allows the alien to work. However, the marriage must take place within 90 days of arrival in the US. After the marriage, an application for Adjustment of Status (i.e., a green card application) must be submitted to the local INS office.

You can apply for a K-3 visa if you already are married to a U.S. citizen. Upon your arrival in the U.S., your K visa will allow you to work and to submit an application for Adjustment of Status with your local INS office. If you are already married, your spouse also could file for you to get a permanent visa, but processing for a permanent visa may take longer. Coming to the U.S. on a K visa is designed to be faster.

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