Spouses and Fiancé(e) Visas
K-1 Visas
A K-1 visa is a non-immigrant visa benefiting fiancés and fiancées of U.S. citizen petitioners. It allows the fiancé(e) of an American citizen to enter the United States for a 90-day period in order to marry the American citizen and apply for a change of status to permanent resident.
Generally, the couple must have met in person within two years of filing the petition. However, United States Citizenship and Immigration Services (USCIS) may grant an exception to this requirement in those cases where it may be contrary to the couple’s cultural traditions for a man and woman to meet before marriage. USCIS may consider a person to be a fiancé/fiancée even after a marriage contract has been concluded in cases where the American citizen petitioner and the foreign national spouse have not met and consummated the marriage. Additionally, the fiancé/fiancée must also meet some of the requirements for an immigrant visa.
K-2 Visas
Dependents of a K-1 visa holder may enter the United States with a K-2 Visa: Children under the age of 18 of a K-1 visa holder may obtain K-2 visas to accompany the K-1 parent. Upon arrival K-4 children may attend school and after the marriage of the K-1 parent to the U.S. citizen petitioner, may obtain employment authorization.
K-3 / K-4 Visas
Spouses of U.S. citizens and the spouse's children can also come to the United States on K non-immigrant visas (K-3/K-4) in order to complete the immigration process in the United States. The U.S. citizen must first file an immigrant visa petition on the spouse’s behalf before filing a non-immigrant K-3 visa petition.
Additionally, before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.