Frequently Asked Questions about K Visas

• I am engaged to a foreign citizen. How can I bring my fiancé(e) here to get married?
• Can the children of my fiancé(e) also come to the United States?
• What is a K-1 visa?
• What are the requirements for applying a K-1 visa?
• What are the limitations of a K-1 visa? 
• What is a K-3 visa?
• What are the requirements for applying for a K-3 visa?
• What are the benefits of a K-3 visa?
• What are the limitations of a K-3 visa?
• Can the children of my fiancé or spouse also come to the United States?
• What is the difference between a K-1 and a K-3 visa?
• What is the difference between a K-3 visa and a V visa?
• I would like to bring my spouse into the United States with a K-3 visa, but the I-129F form only mentions fiancé.  What should I do?
• When can my fiancé(e) begin working after we come to the United States?
• I am a U.S. citizen, and will bring in my wife on a K-3 visa.  When can she begin working?

I am engaged to a foreign citizen. How can I bring my fiancé(e) here to get married?

If you are a U.S. citizen, you must file an I-129F Petition for Alien Fiancé(e). As part of this process, you will be required to show that you have personally met your fiancé(e) within the previous two years.  When this petition is approved, the fiancé(e) can apply for the K-1 visa at a U.S. embassy or consulate.

Can the children of my fiancé(e) also come to the United States?

If your fiancé(e) has unmarried children under 21 years old, the children may also get a visa to come to the United States.  You should list all of your fiancé(e)’s minor children on the I-129F petition, even if they may not move to the United States. Once the petition is approved, your fiancé would apply for a K-1 visa, and the children would apply for the K-2 visa.

What is a K-1 visa?

The K-1 visa allows a fiancé of a U.S. citizen to enter the United States to complete the marriage.

What are the requirements for applying a K-1 visa?

To qualify for a K-1 visa, you must meet the following requirements:

• The alien fiancé(e) must be outside of the United States;
• The U.S. citizen must show an approved I-129F petition from the USCIS before the alien fiancé(e) may apply for a K visa;
• Both the U.S. citizen and the fiancé(e) must remain unmarried until the arrival of the alien fiancé in the United States;
• The alien fiancé and U.S. citizen must have met personally at least once in the two years before the I-129F petition was filed, with certain exceptions.

What are the limitations of a K-1 visa?

The K-1 visa expires ninety days after the fiancé(e) enters the United States. Within that period, the fiancé(e) must marry the United States citizen who petitioned for him or her, or the K-1 status will be terminated and the person may be removed from the United States.

If the fiancée does not marry the petitioner, he or she will not be allowed to adjust his or her status in the United States from K visa holder to any other immigrant or nonimmigrant status.  The individual may be able to obtain lawful permanent resident status if eligible to immigrate based on other grounds, such as qualifying employment or marriage to a different United States citizen. However, the K-1 visa holder may only acquire such residency by applying for an immigrant visa at a United States embassy or consulate abroad.

What is a K-3 visa?

The K-3 visa provides an opportunity for a spouse of a United States citizen to travel to the United States so that the family can be together in the United States during the lengthy wait for the USCIS to process the "immediate relative" immigrant visa petition. Once the K-3 visa is issued, the spouse would be able to enter the United States to be with their U.S. citizen spouse while waiting for approval of the immigrant visa petition.  Once that petition is approved, the non-citizen spouse may apply for permanent residency.

What are the requirements for applying for a K-3 visa?

To be eligible to apply for a K-3 visa, the following requirements must be met:

• The alien spouse must be outside the United States;
• The U.S. citizen spouse must have filed an immigrant petition (Form I-130) for the benefit of the spouse;
• After filing the I-130 petition, the U.S. citizen spouse must file an I-129F petition (K visa petition) with the USCIS and have it approved;
• If the marriage occurred outside of the United States, the K visa must be issued by the U.S. consulate in the country where the marriage occurred.

What are the benefits of a K-3 visa?

The benefit of a K-3 visa is to reunite family members of U.S. citizens in the United States, which are caused by the lengthy waiting periods and backlogs in the USCIS.  The delays in deciding visa petitions for spouses of U.S. citizens can be over a year and half at some of the USCIS service centers, and issuance of an immigrant visa at an embassy or consulate may take another six months.

Once admitted to the United States, a spouse with a K-3 visa will be eligible to adjust status to permanent residency.  Adjustment of status has significant benefit over applying for an immigrant visa abroad because of enhanced procedural safeguards.

Furthermore, K-3 visa holders are eligible to work in the United States once they enter.  If the United States citizen petitioner is low-income, the K visa holder's ability to work is a great advantage.  Applications for adjustment of status require a showing of a minimal income level on the I-864 Affidavit of Support form.  With a K-3 visa, the U.S. citizen petitioner can include the non-citizen spouse's income if they have lived together for six months or more.

What are the limitations of a K-3 visa?

The USCIS only admits K-3 spouses for a two-year period. The USCIS may grant extensions of K-3 visas in two-year increments if the marriage-based I-130 visa petition, the adjustment of status application, or the immigrant visa petition has not been decided.

A K-3 visa holder's authorized stay will expire thirty days after any of the following events:

• The USCIS denies the I-130 visa petition filed by the U.S. citizen spouse on behalf of the K-3 visa holder;
• The USCIS denies an adjustment of status application filed by the K visa holder;
• If the K-3 visa holder decides to apply for an immigrant visa at a U.S. embassy or consulate abroad, and the consulate denies the immigrant visa application; or,
• Termination also will automatically occur 30 days after the divorce of the K-3 spouse from the U.S. citizen petitioner.

Can the children of my fiancé or spouse also come to the United States?

Yes.  The K-2 visa allows the dependent children of a K-1 fiancé to enter the United States. The K-4 visa allows the dependent children of a K-3 spouse to be admitted to the United States.

What is the difference between a K-1 and a K-3 visa?

A K-1 visa is intended for an alien fiancé(e) of a U.S. Citizen, while a K-3 visa is for the alien spouse of a U.S. Citizen.

What is the difference between a K-3 visa and a V visa?

The K-3 visa is designed for the alien spouse of a U.S. Citizen, which a V visa is intended for the alien spouse (V-1) or children (V-2 or V-3) of a U.S. Lawful Permanent Resident (LPR).

I would like to bring my spouse into the United States with a K-3 visa, but the I-129F form only mentions fiancé.  What should I do?

The K-3 visa has only been available since December 21, 2000.  The USCIS has not created a new form for “Petition for Alien Spouse.”  The USCIS requires the completion of the “Petition for Alien Fiancé” (Form I-129F) to decide these requests.  The USCIS has not yet modified the Form I-129F to accommodate a “spouse” instead of a “fiancé.”  Petitioners are instructed to provide the information and documentation about the spouse seeking a K-3 visa in every place that “fiancé” is mentioned in the form.

When can my fiancé(e) begin working after we come to the United States?

Your fiancé(e) can begin working as soon as an Employment Authorization Document (“EAD”) is issued.  You should visit your local USCIS office to apply for an EAD.  Approval for an EAD may take between 2 to 4 months.  Once your fiancé(e) has work authorization, he or she may also apply for a Social Security number.  After your marriage, you must file an adjustment of status application and reapply for work authorization.

I am a U.S. citizen, and will bring in my wife on a K-3 visa.  When can she begin working?

K-3 visa holders may apply for authorization to work in the United States while they wait for their immigrant status.  To do so, they must submit a completed Form I-765 (Application for Employment Authorization) along with the proper filing fee to the USCIS.