Fiancé Visas

uniting Families Together

K-visas, or fiancé visas, are awarded to foreign nationals who want to marry a United States citizen and any foreign children. There are three types of K-visas.
K-1 visas allow a foreign national fiancé to live in the U.S. so they can get married temporarily.
K-2 visas are given to children who can accompany their parents to the U.S. during the marriage.
K-3 visas are given to spouses after they have married a U.S. citizen. The fiancé or spouse who resides in the U.S. must apply for each type of visa.

These K-visas each have specific legal filing requirements, so it is advisable to work with an immigration attorney who can assist you and your fiancé with the visa process.

Visa Services

K-1 (Fiance) Visa

The K-1 visa allows a foreign national fiancé to enter the U.S. within six months of receiving the visa. They must be legally married to the petitioning U.S. citizen — the person they have declared they will marry — within 90 days of entering the country. If the fiancé chooses to marry a different person or begins the visa application process while in the U.S., they must return to their home country and begin the process again.

To obtain a K-1 visa, you must be able to prove that the couple has known each other for at least two years unless either religious or cultural norms prohibit the meeting of spouses before marriage. They must also prove that they are legally able to marry, including being of legal age and that any prior marriages ended due to annulment, divorce, or death of a spouse. Specific paperwork showing evidence of each qualification may be necessary.

K-1 Visa Restrictions

Several restrictions apply to a K-1 visa. A visa holder may not change their legal immigration status until they legally marry the U.S. citizen who filed the original petition. If the marriage ends in divorce, the visa holder will not be allowed to change their status. Waivers are available for certain situations you may encounter during the application process. For example, U.S. citizens who have previously applied for two or more K-1 visas and U.S. citizens who have previously received K-1 visa approval two years before filing for a new one may need special paperwork.

K-2 Visa

K-2 visas are given to children aged 20 or under accompanying a parent with a K-1 visa to the United States. The children must be unmarried, but they do not have to be the biological children of the U.S. citizen fiancé. The non-citizen fiancé may also adopt them.

Parents must show proof of the relationship between them and the child, such as a birth or adoption certificate, and prove that the child’s financial needs will be met and that any other living parents of the child consent to the child’s move to a different country.

After the children have moved to the U.S., they can apply for a green card.

K-2 Visa Restrictions

Like K-1 visas, K-2 holders may only remain in the U.S. for up to 90 days. Anyone with a previous immigration law violation will not be permitted to enter the U.S. and must be unmarried and under 21. Special priority may be given to children turning 21 soon to ensure they can remain with their parents while the visa process continues. An immigration attorney can assist you in determining whether the timing of your K-2 visa application will present any difficulties for the children involved.

K-3 Visa

After being married, a non-U.S. citizen can receive a K-3 visa. The citizen spouse files the petition for this visa in the U.S. Children accompanying the non-citizen parent to the U.S. will be given a K-4 visa during this process. These visas allow the holders to remain in the country as citizens.

A K-3 visa has several benefits. Visa holders are eligible for a social security number and jobs in the U.S. There is a shorter waiting period for couples who apply for this type of visa than for other visa options. A K-3 visa lasts for two years, after which point the visa holder can apply for a green card and ultimately become a citizen if they want.

K-3 Visa Restrictions

To obtain a K-3 visa, an immigration petition must be filed for the visa holder. This type of visa allows multiple entries into the U.S., while a K-1 visa allows only one and is valid for only six months. However, a K-3 and K-4 visa can only be applied and obtained after marriage.

Contact our experienced Immigration Attorneys

Applying for these visas requires understanding complex legal requirements and filing guidelines. Misunderstanding these guidelines could result in failing to properly file the necessary paperwork, resulting in delays that could damage your ability to apply for K-visas successfully. It is, therefore, important to work with a local immigration attorney who can assist you and your fiancé throughout the process.