K Visa Overview
- Introduction - K-1/K-2 Status. The K-1 Fiancé (e) Visa allows foreign nationals, potential spouses of United States...
- Termination of K-1/K-2 Status.
- Duration of Stay. The K-1 Visa is typically valid for a period of four (4) months. Those admitted on a K-visa will not...
- Eligibility to Work. After arriving in the United States, your fiancé (e) will be...
Full Answer
What is the difference between the K-1 and K-2 visa?
The K-1 visa is also known as the fiancé visa and is awarded to those who are entering the U.S. to legally marry a U.S. citizen. The K-2 visa is for children of the K-1 visa holders who wish to accompany their parent to the United States. The K-1 visa holder must legally marry a U.S. citizen within 90 days of their arrival in the U.S.
Is a K visa an immigrant visa?
Although a K-1 visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States embassies and consulates worldwide. In 2014, the Department of State issued a total of 35,925 K-1 visas to fiancées of U.S. citizens.
Which visa type is the fastest, K1 and K3?
While the K-1 visa allows your fiance to join you in the country faster, this option also comes with a higher price tag. Additionally, the K-3 visa allows for multiple entries into the country, while the K-1 visa allows for only one. Both the K-1 visa and the K-3 visa enable U.S. citizens to live in the country with a foreign spouse. Additionally, both K-1 and K-3 visa holders are permitted to work and travel after, assuming they have the necessary USCIS documents.
What happens after K1 visa approved?
After You Receive a K-1 Fiancé(e) Visa. If you are issued a K-1 visa, the Consular Officer will give you your passport containing the K-1 visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States.
What is K visa category?
K visas include K-1s, which allow a fiancé(e) of a United States citizen to travel to the United States and marry the United States citizen within 90 days of admission.
Is K visa immigrant or non immigrant?
nonimmigrant visaOfficially known as the K-1 visa, the “fiancé visa” is for the foreign national fiancé of a U.S. citizen to travel to the United States for the purpose of marriage to the U.S. citizen. Although the K-1 is classified as a nonimmigrant visa it's generally used for immigration purposes.
How long is K visa valid for?
six monthsA K-1 visa is valid for a period of six months. This means that the Alien Fiancé(e) can travel to the U.S. within six months from when the visa is issued. However, once they have entered the U.S., they can only remain for 90 days. If they have not been married within that time frame, they should leave the U.S.
What is a K-1 visa and who qualifies for it?
The K-1 visa allows the foreign-born fiancé of a U.S. citizen to enter the United States and get married.
How much money do you have to make to sponsor a K-1 visa?
In dollars and cents, this means that you must have stable earnings of at least $16,910 per year for a two-person household (in 2019) to qualify as financial sponsor for a fiancé(e) visa petition, and you must have stable earnings of at least $21,137 per year for a two-person household to qualify as financial sponsor ...
How long does it take for a K-1 visa to be approved?
The processing time for a K-1 visa application currently averages 7 months. This does not include the time from when the government approves your application to your interview date, which differs based on the country you're applying from.
How much does a K-1 visa cost?
The government filing fees for getting a K-1 visa is $800 or $2,025 for the K-1 visa and the “Adjustment of Status” form required to transfer from a K-1 visa to a green card after arriving in the United States. This does not include the typical cost of the required medical examination, which varies by provider.
What is the income requirement for K-1 visa 2022?
Overall, your stable earnings need to be at least $16,910 per year in order to support a household with two people. On the other hand, when the fiancé becomes a permanent resident, you would have to earn at least $21,137 every year. These are the minimum requirements.
How long does a K-1 visa take 2022?
approximately 9 to 12 monthsAs of March 2022, K-1 visa processing took approximately 9 to 12 months (USCIS time to process Form I-129F). Click here to see exact ranges based on your service center. In addition to that, it takes between three to four weeks to receive notice from the National Visa Center with further instructions.
How hard is it to get a K1 fiancé visa?
So Is it Difficult to Apply for a K1 visa? The approval of the K1 visa may vary from case to case according to circumstances, and in most cases can be denied or delayed simply because of the applicant's fault for not being able to provide the correct information or follow instructions.
Is K-1 visa non resident?
A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States (Green Card holder).
What is immigrant visa called?
The type of visa is determined by the purpose of your travel to the United States. An immigrant visa (IV) is issued to a person wishing to live permanently in the United States.
What is K1 K2 K3 K4 visa?
K1, K2, K3, and K4 visas are issued to the fiancé/fiancée of a US citizen, fiancée/fiance's child, a US citizen's spouse, and a US spouse' child respectively. Overviews of all visa types are given below one by one with the requirements for each one of them.
What type of visa is K4?
nonimmigrant visaThe K4 visa is a nonimmigrant visa which allows the children of a K-3 spouse visa holder to enter into the U.S. and await the availability of an immigrant visa. Seeking to immigrate to the U.S. Travel outside of the U.S. on short trips and return • Study in the U.S.
What Is a “Fiancé (e)”?
Under U.S. immigration law, a foreign-citizen fiancé (e) of a U.S. citizen is the recipient of an approved Petition for Alien Fiancé (e), Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé (e). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.
Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?
No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.
How Long Will It Take to Get My K Visa?
For Form I-129F, Petition for Alien Fiancé (e), you can visit the USCIS website for the status of your petition.
What do you need to present to a consular officer for a visa interview?
During the visa interview, applicants will be required to present evidence to the consular officer that they are not likely to become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé (e) is able to provide support.
What should I know before applying for a K-1 visa?
You should read the Rights and Protections pamphlet before your visa interview to learn about your rights in the United States relating to domestic violence, sexual assault, and child abuse and protection available to you . The consular officer will verbally summarize the pamphlet to you during your interview. Additionally, K-1 visa applicants will be provided with any existing criminal background information on their U.S. citizen fiancé (e)s that USCIS received from other government agencies during processing of their Form I-129F petitions.
Where to file I-129F?
Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad. After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé (e) lives.
How long do you have to meet a foreign citizen?
In general, the foreign-citizen fiancé (e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé (e), or, for example, if it is contrary in the U.S. citizen sponsor’s or foreign-citizen fiancé (e)’s culture for a man and woman to meet before marriage.
What happens if I-129F is approved?
If USCIS Approves Form I-129F First. If your Form I-129F petition is approved before your Form I-130, USCIS will send your petition to the Department of State. To receive a K-3 or K-4 visa, your spouse must submit a nonimmigrant visa application with the Department of State.
How long can a K-3 visa be extended?
USCIS grants extensions of stay for K-3 and K-4 visa holders in 2-year increments.
How to get a K-3 visa for spouse?
To obtain a K-3 visa for your spouse, you (the U.S. citizen) must first file two petitions with USCIS: Form I-130, Petition for Alien Relative: Submit Form I-130 to the correct USCIS address. To find the correct address, go to the “Where to File” section on the Form I-130 page. You will then receive a Form I-797, Notice of Action, ...
How old do you have to be to get a stepparent visa?
In order for you to create an eligible step-parent/step-child relationship, the child must have been under 18 years of age when you and your spouse married. If USCIS approves your Form I-130 before or at the same time as your Form I-129F, your spouse and his or her children will no longer need a K-3 or K-4 visa.
How long do I have to file an extension of stay for a K-3 visa?
If you have either a K-3 or K-4 visa, you may submit a Form I-539, Application to Extend/Change Nonimmigrant Status to USCIS in the 120 days before your authorized stay expires. To be eligible for an extension of stay, you must show either:
How long can you stay in the US on a K-3 visa?
If you are granted a K-3 visa, the Department of Homeland Security (DHS) will admit you for a 2-year period. You generally cannot change your status in the U.S. to another nonimmigrant visa category.
How long is a green card valid for?
This means that the Green Card you and your children receive will be valid for two years. In order to remove the conditions on residence, you (and your children) and your U.S. citizen spouse must file a Form I‑751, Petition to Remove Conditions of Residence in the 90 days before your Green Card expires.
What is the K-3 visa?
The K-3 nonimmigrant visa is for foreign spouses of U.S. citizens. This visa category helps spouses unite with their partners in the United States sooner because it allows foreign citizens to enter while waiting for their immigrant visa petition's approval. K-3 visa recipients can adjust their status to become permanent residents or green cardholders.
Do children of a K-3 visa holder also get status?
Yes, your unmarried children under 21 can receive K-4 visas based on your Form I-129F. However, you must include your children as dependents on your petition. You will also have to submit separate visa applications and K-4 visa fees for each child.
Does My U.S. Citizen Spouse Need to File Separate Petitions for My Children?
No. Your children may apply for K-4 visas based on the approval of Form I-129F, Petition for Alien Fiancé (e), that your U.S. citizen spouse filed on your behalf, but your U.S. citizen spouse must list the children on the petition. Separate visa applications must be submitted for each K-4 visa applicant, and each applicant must pay the K visa application fee.
Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?
No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when a Form I-864 is needed. Applicants using Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.
How Long Will It Take to Get My K Visa?
For Form I-129F, Petition for Alien Fiancé (e), you can visit the USCIS website for the status of your petition.
What is a K-3 visa?
The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition. K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa. It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place. Learn more in the Applying for a Visa section below.
What do you need to present to the consular officer for a visa interview?
During the visa interview, applicants will be required to present evidence to the Consular Officer that they are not likely to become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen spouse is able to provide support.
How to apply for a visa for a foreigner spouse?
Embassy or Consulate where you, the foreign-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.
Where to send I-129F?
NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse’s country of nationality. If the marriage took place in ...
How did Nigel and Lucie meet?
Nigel met Lucie three years ago, while he was vacationing with friends in Italy. Delighted with each other, Lucie and Nigel stayed in touch after he returned to the U.S. and developed a romantic relationship. Last Christmas, Lucie made a short trip to the U.S. where she had the chance to meet Nigel and his family and spend some quality time with the man she loves. They announced their engagement after which Lucie returned to Italy after the New Year. They are planning a wedding in New York. Nigel and his family are eager for Lucie, an Italian citizen, to live in the U.S. after the wedding. Nigel, a U.S. Citizen, is trying to get information about their next steps. He would like to have Lucie enter the U.S. legally to get married, and be able to remain permanently after their marriage. His friends have told him about the K-1 visa, and he’s also done some online research. However, neither of these sources can provide the full spectrum of information he needs to decide if a K-1 visa is right for his particular situation. In fact, much of the material he finds on the Internet is confusing, and sometimes contradictory. He is not sure where to turn, but he knows he needs answers to these questions:
What is the final step in the K-1 visa process?
In most cases, the final step of the K-1 visa process is the in-person Fiancee visa interview. The foreign national Fiancee will be interviewed by a consular officer who will determine if the couple’s relationship is legitimate. Approval of the petition is at the discretion of the consular officer. He or she may approve the request, ask for additional information or documentation, or deny the K-1 visa outright.
What is a K-1 visa?
The K-1 Fiancee Visa is a special purpose temporary non-immigrant visa. It gives the foreign national Fiancee of a U.S. Citizen the opportunity to enter the United States so that he or she can marry the U.S. Citizen. The wedding must take place no later than 90 days from the date of the foreign citizen Fiancee (e)’s entry into the U.S., after which the foreign citizen spouse may apply for legal permanent residence through the Adjustment of Status process instead of returning home.
What form do I need to file for a K-1 visa?
To begin the K-1 visa process, the U.S. Citizen Fiancee must file a Form I-129F, Petition for Alien Fiancee, with the U.S. Citizenship & Immigration Services (USCIS).
How do I get a green card after I get married?
After the couple is married, the foreign national spouse applies for Permanent Residence status, commonly called a “Green Card”, by completing an application for Adjustment of Status, or Form I-485.
What happens if you are married to someone who has been married before?
If either party was previously married, all prior marriages have been legally terminated by divorce, death, or annulment
Can Nigel and Lucie get married?
Citizen and the couple can get married in the U.S. within 90 days of Lucie’s arrival. Both are legally able to marry each other, and neither have been married previously. Last but not least, Lucie’s Christmas visit proved that they had met each other face-to-face once within the last two years. Feeling confident in his new-found knowledge, Nigel is collecting the documentation required to file the Form I-129F on behalf of Lucie.
How old do you have to be to get a K-2 visa?
The K-2 visa is awarded to children of K-1 visa holders who are 20 years old or younger. Children are required to be unmarried to qualify for the visa but do not have to be related to the K-1 visa holder by blood. Proof of relationship to the child is required by the K-1 visa holder in order for the applicant to obtain a K-2 visa. The K-1 visa holder must also provide evidence that they can financially support the K-2 visa during their time of stay. Unlike the K-1 visa, the K-2 visa only permits a stay of 90 days in the United States.
Can a K visa be used for a fiancé?
For example, the K-1 visa only permits fiancé (e)s to reside in the United States on the grounds that they will marry their significant other during their stay. To qualify for any of the K visas, it is recommended to work with an experienced immigration attorney who understands how the visa process and timeline works.
