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:
visas@usimmigrationlaw.net
or contact
Leibl & Kirkwood
12865 Point Del Mar, Suite 190
Del Mar, CA 92014, USA
Tel. (858) 481-5211
Fax. (858) 481-7271
questions@usimmigrationlaw.net
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