K Visa: Fiancé and Spouse Visa

The K Visa is a non-immigrant visa designed for foreign nationals who are engaged to U.S. citizens (K-1) or for the spouses and children of U.S. citizens’ fiancé(e)s (K-2), allowing them to enter the U.S. for the purpose of marriage or adjustment of status.

Types of K Visas

1. K-1 Visa: Fiancé(e) Visa

   • This visa allows a foreign national fiancé(e) of a U.S. citizen to enter the U.S. with the intention of getting married within 90 days of arrival. After the marriage, the foreign fiancé(e) can apply for permanent residency (green card).

2. K-2 Visa: Children of K-1 Visa Holders

   • Children (under 21 years old) of the K-1 visa holder are eligible to apply for a K-2 visa to enter the U.S. along with their parent. The child can adjust status to permanent residency after the marriage is completed.

3. K-3 Visa: Spouse of U.S. Citizen

   • A K-3 visa is for the foreign spouse of a U.S. citizen who is awaiting immigrant visa processing, allowing them to enter the U.S. and stay while the immigrant visa is being processed.

Eligibility Requirements for the K Visa

• K-1 Visa:

  • The petitioner (U.S. citizen) must prove that they are a U.S. citizen and have met the foreign fiancé(e) in person at least once within the past two years before filing the petition.
  • The couple must have a bona fide intention to marry within 90 days of arrival in the U.S.

• K-2 Visa:

  • Children of the K-1 visa holder under 21 years of age who are unmarried are eligible.

• K-3 Visa:

  • The applicant must be the spouse of a U.S. citizen, and the couple must be married but awaiting the approval of the immigrant visa petition (Form I-130).

Application Process for K Visas

1. File the Petition:

   • The U.S. citizen petitioner must file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This petition must include proof of the relationship, such as photos, letters, and other documentation.

2. Approval and Visa Issuance:

   • Once USCIS approves the petition, it is forwarded to the U.S. embassy or consulate in the foreign national’s country. The applicant must attend an interview and provide required documents, including medical exams and police certificates.

3. Entering the U.S.:

   • If the visa is approved, the applicant can enter the U.S. on the K-1 visa (fiancé(e)) or K-2 visa (children). The couple must marry within 90 days of the fiancé(e)’s arrival.

4. Adjustment of Status (for K-1 holders):

   • After marriage, the K-1 visa holder can apply for a green card (adjustment of status) through Form I-485.

Processing Time

The processing time for K visas varies but typically takes 6 to 9 months, depending on the USCIS processing times and the U.S. consulate’s workload. Applicants can check the status of their petitions on the USCIS website.

Why Choose the K Visa?

The K visa is an excellent option for couples who wish to be together in the U.S. and marry quickly. It allows the foreign national fiancé(e) or spouse to enter the U.S. faster than through traditional family-based immigration processes and provides a clear path to permanent residency after marriage.