K Visa

K-1: a fiancé(e) of a U.S. citizen,

K-2: child of a fiancée of a U.S. citizen,

K-3: the spouse of a U.S. citizen

K-4: child of a U.S. citizen

Green Card for a K Nonimmigrant

The K-visa categories for fiancé(e)s of U.S. citizens and their accompanying minor children (K-1 and K-2 visas) were created to speed up the immigration process for such individuals so they could travel more quickly to the United States.

The Legal Immigration and Family Equity (LIFE) Act amendments of 2000 added the K-3 visa category for foreign spouses and K-4 category for stepchildren of U.S. citizens, due to a backlog of immigrant visa petitions (Forms I-130, Petition for Alien Relative) at that time, a long separation could occur between the overseas fiancé(e) and their intended U.S. citizen spouse. 

Eligibility Criteria

You may be eligible to receive a green card as a K nonimmigrant fiancé(e), spouse, or his/her minor child if you:

Are the beneficiary of an immigrant visa petition that was filed by a U.S. citizen for their spouse or fiancé(e), or the minor children of that spouse/fiancé(e)

Have been admitted to the United States as a K Nonimmigrant

Met the requirement to marry the U.S. citizen fiancé(e) within 90 days of entry, if a K-1 visa holder

Are eligible to adjust status as the spouse or child of a U.S. citizen, or the minor child of a K-1 visa holder

Have an immigrant visa immediately available

Are admissible to the United States

Application Process:

Fiancé (K-1):

1. Filing the petition:

U.S. citizen sponsor file for their intended spouse on Form I-129F, Petition for Alien Fiancé(e)

2. Applying for visa by U.S. citizen fiancé(e)s:

File Form I-485, Application to Register Permanent Residence and Adjust Status, after arrival to adjust status as a permanent resident of the United States, and remain legally in the United States

1) Present in the United States as a K-1 Fiancé (e)

You should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry the U.S. citizen who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means.

2) Present in the United States as K-2, the Minor Child of a K-1 Fiancé(e)

You should seek adjustment of status at the same time as your parent (K-1) since your reason to adjust, in general, depends on your parent’s eligibility to adjust.

Spouse (K3):

1. Filing the petition

  1) U.S. citizen sponsor must file a petition for alien Relative, Form I-130, with USCIS for your spouse to immigrate to the US

  2) file Form I-129F, Petition for Alien Fiancé(e)

2. K-3 visa approval

If you are issued a K-3 visa, the consular officer will give you your passport containing the K-3 visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. (Do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States).

As the K-3 visa holder, you must enter the U.S. before or at the same time as any qualifying children holding K-4 visas.

3. File Form I-485, Application to Register Permanent Residence and Adjust Status 

  1) Seek Adjustment as a K-3, Spouse of a U.S. Citizen

You may seek adjustment as soon as you enter the United States. You can only seek adjustment of status based on your marriage to the U.S. citizen spouse who also petitioned for K-3 status for you.

Note:

You may obtain an extension of your K-3 status in 2-year intervals, while your adjustment of status application is pending. You should, at the same time, apply for an extension of the K-4 status for your child.

  2) Seek Adjustment as a K-4, Child of the K-3 Spouse of a U.S. citizen

You should seek adjustment of status as soon as your parent seeks adjustment of status. You can only seek adjustment of status on the basis of the marriage of your K-3 parent to his/her U.S. citizen spouse or the stepparent-child relationship this marriage caused and upon which your I-130 is based.

Note:

1.  Those applying based on K-1 or K-2 status will not need a Form I-130 filed on their behalf. However, a K-2 stepchild may have a Form I-130, Immediate Relative Petition, filed on his/her behalf if eligible and necessary to prevent age-out concerns. 
2. If the K-2 adjusts status based on the K-1’s adjustment, then the K-2 can only adjust status prior to his or her 21st birthday.
3. If you should attain the age of 21 years while your Form I-485 is pending, you may be covered under the Child Status Protection Act of 2002 (CSPA).
4. When the U.S. citizen petitioner has married the K-1, and the K-2 was not yet 18 years old at that time, the K-2 is considered the step-child of the U.S. citizen under the law. This will allow an individual who once was a K-2 to adjust on the basis of being an immediate relative of a U.S. citizen, and allow him or her to utilize the CSPA when seeking adjustment of status (that is, not age out while his/her Form I-485 is pending).
5. An individual in K-4 status may utilize the provisions of CSPA upon seeking adjustment of status because a K-4 nonimmigrant seeks to adjust as an immediate relative of a U.S. citizen on the basis of a Form I-130 filed by his or her U.S. citizen step parent. Since the K-4 child’s age “freezes” on the date the Form I-130 is filed, a K-4 benefits from the CSPA as long as the Form I-130 petition is filed before the K-4’s 21st birthday.

Spouse (In Your Country)

1. Filing the petition:

File a petition for alien Relative, Form I-130, with USCIS for your spouse to immigrate to the US

2. Fees, Affidavit of support and visa application

  1) Visa Interview

Once the National Visa Center (NVC) determined the file is completed, they schedule the applicant’s interview appointment.

  2) Entering the US

If you are issued an immigrant visa, the consular officer will give you your passport containing the immigrant visa and a sealed packet containing the documents which you provided. (do not open the sealed packet) Only the U.S. immigration official should open this packet when you enter the United States.

You are required to enter the United States before the expiration date printed on your visa. When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas.