K Visas

• K-1 visa for a Fiancé(e) of a U.S. Citizen
• K-2 visa for Children of a U.S. Citizen Fiancé(e)
• K-3 visa for Spouses of a U.S. Citizen
• K-4 visa for Children of a U.S. Citizen Spouse
• Application Process
• Where to Apply
• Marriage After Entering the United States
• Employment
• Travel Outside of the U.S. while in K status
• Limitations of K Visa Status
• Termination of K Status
• USCIS and other government agency policy Memos

The K visa was created to reunite family members of U.S. citizens who were previously separated for long periods while trying to immigrate to the United States. K visa holders are able to wait in the United States for the permanent residency process to be completed.

The K-1 visa is designed for foreign-born fiancés and fiancées of U.S. citizens.  The K-2 visa is available to children of fiancé(e)s of U.S. citizens.  The K-3 visa category is intended for spouses of United States citizens, and the K-4 visa is for the children of those spouses.

K-1 visa for a Fiancé(e) of a U.S. Citizen

U.S. citizens who will be getting married to a foreign citizen in the United States may petition for a K-1 visa for their fiancé(e).  To qualify for the K-1 visa, you must meet the following criteria:

• Both the U.S. citizen and the foreign fiancé(e) must be free to marry.  Both must be unmarried, and any previous marriages must have ended through divorce, annulment or death.
• The U.S. citizen must have met with the fiancé(e) in person within the last two years before filing for the K-1 visa.  This requirement can be waived only if meeting the fiancé(e) in person would violate long-established customs, or if meeting the fiancé(e) would create extreme hardship.
• The U.S. citizen and the fiancé(e) must marry within 90 days of the fiancé(e) entering the United States.

K-2 visa for Children of a U.S. Citizen Fiancé(e)

Unmarried children who are under age 21 may be eligible for a K-2 visa if their parent qualifies for a K-1 visa as a fiancé(e) of a U.S. citizen.

K-3 visa for Spouses of a U.S. Citizen

To qualify for the K-3 nonimmigrant visa, the applicant must prove that he or she meets the following criteria:

• A valid marriage to a U.S. citizen; 
• An I-130 Immigrant Petition for Alien Relative has been filed with the U.S. Citizenship and Immigration Services (USCIS) as the spouse of a U.S. citizen, but the petition has not yet been decided;
• A special petition has been filed with and approved by USCIS in the United States; and,
• The individual would like to enter the United States to wait for the approval of the I-130 petition by INS or the availability of an immigrant visa.

The foreign spouse must meet all four criteria before the U.S. embassy or consulate will begin processing of the request for a K-3 visa. 

K-4 visa for Children of a U.S. Citizen Spouse

Unmarried children who are under age 21 may be eligible for a K-4 visa if their parent qualifies for a K-3 visa as a spouse of a U.S. citizen.

Application Process

To apply for a K-1 visa for an alien fiancé(e), the U.S. citizen must file a petition, called a Form I-129F Petition for Alien Fiancé(e), with the U.S. Citizenship and Immigration Services (USCIS).  Once the petition is approved, the petition will be sent to the U.S. embassy or consulate where the alien fiancé(e) will apply for his or her visa. The petition is valid for four months from the date of USCIS approval, and may be revalidated by the consular officer.

The consular officer will notify the foreign fiancé(e) when the approved petition is received and provide the necessary forms and instructions for applying for a "K" visa. Because a fiancé(e) visa applicant intends to immigrate permanent to the United States, he or she must meet the same requirements as an immigrant visa applicant.  Once the processing of the K visa is complete and the applicant has provided all necessary documents and a $100 application fee, a consular officer will interview the fiancé(e). If the fiancé(e) is eligible, a K-1 visa is issued, which is valid for one entry during a period of six months.

The following documents are normally required:

• Valid passport;
• Birth certificate;
• Divorce or death certificate of any previous marriages;
• Police certificate from all places lived since age 16;
• Medical examination;
• Evidence of support;
• Evidence of valid relationship with the petitioner; and,
• Two photographs, 1 and 1/2 inches square (37x37mm), showing full face, against a light background.
• U.S. citizen's certificate of naturalization, certificate of citizenship, or U.S. birth certificate;
• If your name or your fiancée's (or spouse's) name shown in the above mentioned documents have changed, provide legal documents to show how the name change occurred (such as a marriage certificate, adoption decree, court order, etc.)
• If you are petitioning for your alien fiancée, evidence that you have met your alien fiancée (such as letters, photos, phone records etc.);
• The U.S. citizen's tax returns for the past three years or tax returns of other sponsors, if any.

Unmarried, minor children of a K-1 fiancé(e) may receive a “K-2” nonimmigrant visa so long as the children are named in the I-130 petition. A separate I-130 petition is not required if the children accompany or follow the alien fiancé(e) to the United States within one year from the date of the K-1 visa is issued. After that time, a separate immigrant visa petition is required.

Where to Apply

Spouses of U.S. citizens and their children generally must apply for K3 and K4 visas in the country where the marriage to the U.S. citizen took place.  If the marriage took place in the United States, then the visa application must take place abroad in the country where the visa applicant resides.  If the marriage took place in a country without a U.S. embassy or consulate, then the visa application shall be filed in the country designated by the Department of State for immigrant visa processing for residents of that country.

Marriage After Entering the United States

The fiancé(e) and the U.S. citizen who petitioned for him or her must be married within 90 days of admission into the United States. Following the marriage, the alien spouse must apply to the USCIS for conditional permanent residence status. After two years, the alien and the spouse must jointly apply to the USCIS to remove the conditions on permanent resident status.  If the marriage ends in divorce or death within two years of obtaining permanent residency, the spouse may apply for a waiver.

Employment

The alien fiancé(e) may apply for work authorization with the USCIS to receive permission to work in the United States.

Travel Outside of the U.S. while in K status

A person in K-1 and K-2 visa status may enter the United States only one time with their K-1 or K-2 visas.  If they leave the United States before marriage, they must apply for a new visa to come back.  After they file the adjustment of status application, they are required to obtain advance parole (travel authorization) before any trip abroad in order to avoid abandonment of the adjustment application.

In contrast, K-3 and K-4 visa holders may travel outside of the United States and return using their nonimmigrant K-3 or K-4 visa (if it is still valid) for a short trip, even if they have filed for adjustment of status in the United States prior to departure.

Limitations of K Visa Status

The law does not allow non-immigrant aliens to change to "K" status while they are in the United States.  The K visa is only available to those outside of the United States for the purpose of family reunification.

K visa holders also may not change to any other non-immigrant status while they are in the United States.

Termination of K Status

The K-1 and K-2 status will be terminated when the alien fiancée marries someone other than the U.S. citizen who petitioned for her or him.  K-1 and K-2 nonimmigrants are required to leave the United States if the anticipated marriage does not take place within 90 days.

Besides the 2-year limit for the status, K-3 and K-4 nonimmigrant status will be terminated 30 days after the denial of any one of the following:

• The I-130 petition filed on the alien's behalf by the citizen petitioner;
• An application for an immigrant visa by the alien;
• The alien's I-485 adjustment of status application.

K-2 and K-4 status will also be terminated when the alien turns 21 years of age or is married.

USCIS and other government agency policy Memos

NBC Implementing Plan to Reduce K (Sept. 15, 2004)