Non-Permanent Visas: Fiancées, Spouse and Children of U.S. Citizens
- Fiancées of U.S. Citizens (K-1 Visas)
- K-1 Petition and Visa Application Procedures
- K-1 Rules after Entry into the United States
- Spouses of U.S. Citizens (K-3)
- K-3 Petition and Visa Application Procedures
- Special Rules for K-3 Visa Matters
- FAQs for Fiancés, Spouses and Children of U.S. Citizens and Lawful Permanent Residents
Fiancées of U.S. Citizens (K-1 Visas)
A person qualifies for a K-1 visa if he/she is:
- A fiancée/fiancé of a U.S. citizen
- Seeks to enter the U.S. solely to marry with the U.S. citizen petitioner
- Will marry within ninety days of entry into the U.S.
Minor children of a K-1 visa applicant are given K-2 visas.
K-1 Petition and Visa Application Procedures
The U.S. citizen petitioner files a Form I-129F, appropriate filing fee and supporting evidence with the appropriate U.S. Citizenship and Immigration Services (USCIS) service center. The U.S. citizen must prove he/she will marry the beneficiary within ninety days of entry into the United States, and the U.S. citizen has previously met the beneficiary within two years of filing the I-129F petition, and evidence of the U.S. citizen’s previous criminal record, if any. When the K-1 petition is approved the USICS will issue a Form I-797, Approval Notice with a validity period of four months.
Upon approval of the K-1 petition, the beneficiary must apply for the K-1 visa at an overseas Embassy or Consulate. The beneficiary must undergo a medical examination prior to K-1 visa issuance. The K-1 visa is valid for multiple entries.
K-1 Rules after Entry into the United States
A K-1 visa holder must marry the U.S. citizen petitioner within ninety days of entry into the U.S. Failure to marry within the ninety day period will subject the K-1 beneficiary to removal from the United States.
Once married, the U.S. citizen may sponsor the K-1 beneficiary for U.S. lawful permanent residence based upon Adjustment of Status.
A K-1 visa holder is eligible for employment in the United States.
A K-1 visa holder may not change status or adjust status to U.S. lawful permanent residence status on any basis other than through marriage to the K-1 petitioner.
Spouses of U.S. Citizens (K-3 Visas)
A person qualifies for a K-3 visa if he/she is:
- Married to a U.S. citizen
- The U.S. citizen has filed a Form I-130, Petition for Alien Relative on behalf of the foreign national spouse
Minor children of a K-3 visa applicant are given K-4 visas.
If the I-130 petition, immigrant visa or adjustment of status filed by the U.S. citizen is denied, the K-3 visa holder has thirty days from the date of denial to depart the United States.
K-3 Petition and Visa Application Procedures
The U.S. citizen must first marry the foreign national spouse. Then the U.S. citizen must file a Form I-130, Petition for Alien Relative on behalf of the foreign national spouse with the appropriate USCIS service center. Upon issuance of the Form I-797, Receipt Notice, the U.S. citizen files a Form I-129F with supporting evidence with the appropriate USCIS service center. When the K-3 petition is approved the USICS will issue a Form I-797, Approval Notice.
Upon approval of the K-3 petition, the USCIS sends the file to the National Visa Center (NVC) for clearance and forwarding to the appropriate overseas U.S. Embassy or Consulate. Upon receipt of the file from the NVC, the overseas U.S. Embassy or Consulate issues a visa registration packet outlining the necessary documents and information needed to apply for the K-3 visa. The beneficiary must undergo a medical examination prior to K-3 visa issuance. Once issued, the K-3 visa is valid for two years allowing multiple entries.
Special Rules for K-3 Visa Matters
A K-3 visa applicant must apply for the K-3 visa at the overseas U.S. Embassy or Consulate in the country where the marriage occurred. For example, if a British national married his/her U.S. citizen spouse in France, the K-3 visa application must be processed in France, not the United Kingdom.
If an I-130 petition is approved and received by the overseas U.S. Embassy or Consulate, the K-3 visa cannot be issued. The foreign national spouse must apply for an immigrant visa. This will generally delay processing by several weeks. There is a limited exception to this rule.
K-3 and K-4 visa holders may not change status to any other nonimmigrant status. Further a person may not change status to K-3 or K-4 status in the United States.
A K-3 visa holder may not adjust status to U.S. lawful permanent residence status on any basis other than through marriage to the K-3 petitioner.
A K-3 visa holder that applies for adjustment of status to U.S. lawful permanent residence is not required to undergo a new medical examination if he/she submitted a medical examination as part of the K-3 visa issuance process and the examination is less than one year old at the time of filing the adjustment of status application.
A K-3 and K-4 visa holder are allowed to work in the United States. However, they must apply for an Employment Authorization Card (EAD Card) with the USCIS on Form I-765.
K-3 and K-4 visa holders may travel outside the U.S. while their adjustment of status application is pending. They do not require an Advance Parole travel document
FAQs for Fiancés, Spouses and Children of U.S. Citizens and Lawful Permanent Residents (Coming soon)
