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.
Alcaraz Tocchini LLP