For the frequently asked questions and its answers on a particular Family Visa type, please see the relevant information below:

K VISA:- Fiancé(e) / Spouse of U.S. Citizen

Q1. What is a K-1 visa?
A. The fiancé(e) K-1 non-immigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS). 

Q2. What is a fiancé’(e)?
A. 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 non-immigrant 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.

Q3. I am a U.S. citizen. Is it required that I should have met my fiancé(e) for filing the petition?
A. Yes. In general, the foreign-citizen fiancé(e) and you 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.

Q4. I am a U.S. citizen. What is the Form that I have to file for my fiancé(e)? Can I file it in US consulate abroad?
A. You, the U.S. citizen sponsor, must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS office that serves the area where you live. Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.

Q5. I am on K1. How do I bring my children to United States?
A. Eligible children of K-1 visa applicants may apply for K-2 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.

Q6. Am I required to do the medical examination before the consulate can issue me a K1 visa?
A. Yes. Before the issuance of an immigrant or K visa, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. You will be provided instructions regarding medical examinations from the U.S. Embassy or Consulate where you will apply for your visa, including information on authorized panel physicians. If possible get the vaccinations required. Although such vaccinations are not required for K visa issuance, they will be required when adjusting status to that of legal permanent resident following your marriage. Take the vaccination at the time of the medical examination.

Q7. Is my U.S. citizen sponsor required to show proof of financial support for issuance of my K1 visa?
A. Yes. You will be required to present evidence to the Consular Officer that you will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen sponsor is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen sponsor. Note: Your U.S. citizen sponsor will need to submit Form I-864 to USCIS with the application for your adjustment of status to that of legal permanent resident following the marriage.

Q8. Do the same Income requirements apply to Form I-134 as to Form I-864?
A. 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 guidelines.

Q9. My K1 visa expired – Can it be extended?
A. I-129F petition is valid for four months from the date of approval by USCIS. A Consular Officer can extend the validity of the petition if it expires before visa processing is completed.

Q10. What next after I receive my K-1 Fiancé(e) Visa?
A. 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. As the K-1 visa holder, you must enter the U.S. either before or at the same time as any qualifying children holding K-2 visas. With your visa, you can apply for a single admission at a U.S. port of entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance. You must marry your U.S. citizen sponsor within 90 days of your entry into the United States.

Q11. Does my U.S. Citizen sponsor need to file separate petitions for my children?
A. No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen sponsor filed on your behalf. He or she must list the children on the petition. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee. After your marriage, your children will need to file separately from you for adjustment of status. They cannot be included on your application for adjustment of status.

Q12. Are my children on K2 required to travel with me?
A. Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa.

Q13. After I enter on K1 visa am I eligible to work?
A. After admission, you may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization with the USCIS Service Center having jurisdiction over your place of residence. Such work authorization would be valid for only 90 days after entry. However, you would also be eligible to apply for an extended work authorization at the same time when you file for permanent residence. In this case, you would file Form I-765 together with Form I-485 as soon as you marry.

Q14. What happens if we do not marry within 90 days?
A. Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

Q15. What is a K3/K4 visa?
A. The visa issued for the alien spouse of a U.S. citizen and his or her minor children to be admitted to the United States as non-immigrants while they are awaiting the adjudication of a Form I-130 Petition for Alien Relative.

Q16. What are the eligibility criteria for issuance of K3/K4 visa? What if I have a step child?
A. To be eligible for a K-3 non-immigrant visa, an individual must be married to a U.S. citizen and have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf.
Your child may be eligible for a K-4 visa if he or she is unmarried, under 21, and is the child of a qualified K-3 non-immigrant visa applicant.  In order for a K-4 who is a step-child of a USC to immigrate as a relative of the USC step-parent (whether through adjustment of status in the United States or an immigrant visa abroad) the marriage between his or her parent and the USC must have occurred before his or her 18th birthday.

Q17. Do I have to file a separate Form I-129F for my child to obtain a K4? What about Form I-130?
A. You need to file a Form I-130 on behalf of your non-citizen spouse with the USCIS. You will then receive a Form I-797, Notice of Action, indicating that USCIS has received the Form I-130. Note: Form I-130 does not need to be filed on behalf of the child of a K-3 beneficiary in order to obtain a K-4 visa. However, it is advisable that the USC petitioner file a separate I-130 on the child’s behalf concurrently with the I-130 that he files for the spouse. Form I-130 does, however, need to be filed on behalf of the child of a K-3 beneficiary in order for the child to be eligible for permanent resident status.  

Q18. I am on K3 and my child is on K4. Our visas will expire within 2 weeks. Are we eligible to apply for employment authorization?
A. Upon admission, K-3 and K-4 non-immigrant visa holders may obtain employment authorization.  They can obtain evidence of eligibility to work legally in the United States by filing Form I-765, Application for Employment Authorization. Upon filing an application for adjustment of status, K-3 and K-4 non-immigrant visa holders may also apply for employment authorization based on that pending application even if the K-3 or K-4 non-immigrant status expires.

Q19. What are the limitations on K3/K4 visas?
A. When the K-3’s I-130 reaches the Department of State, an immigrant visa is immediately available to him or her such that he or she and his or her children are no longer eligible for K-3/K-4 non-immigrant status, but rather must immigrate as lawful permanent residents.  If the K-4 does not have an approved I-130 at the Department of State at that time, he or she will be ineligible to immigrate with the spouse of the USC. Even though there is no requirement that a separate Form I-130 be filed on the child’s behalf for the purposes of obtaining a K4 visa, it is advisable that the USC petitioner file a separate I-130 on the child’s behalf concurrently with the I-130 that he files for the spouse. The Department of Homeland Security only admits K-3 or K-4 non-immigrant visas holders for a 2-year period. K-3 or K-4 non-immigrant visa holders may apply to USCIS for an extension of status in 2-year increments as long as the marriage-based I-130 visa petition or a corresponding application for adjustment of status or visa application is still pending adjudication.

Q20. Would my K3 visa automatically expire?
A. Yes your authorized stay automatically expires 30 days after any of the following events: if USCIS denies or revokes the Form I-130 visa petition, USCIS denies a Form I-485 filed by you or Department of State denies your immigrant visa application and your marriage is terminated through divorce or annulment. Note: A K-4’s authorized stay automatically expires when the K3’s status expires.

Q21. What happens if my child turns 21 or gets married before obtaining immigrant status?
A. Your child on K-4 visa will be admitted to the United States for 2 years or until the day before his or her 21st birthday, whichever is shorter. Child’s K-4 status will expire when he or she turns 21. If you as a USC petitioner filed a Form I-130 for the child before child turned 21, he or she may continue to be eligible for adjustment of status under the Child Status Protection Act.
The K-4 non-immigrant’s status automatically expires 30 days after he or she marries.

Q22. I am on K3 and my child is on K4 visa? Do I have to apply for advance parole if I have to travel outside USA?
A. You and your child may travel outside the United States and return using K-3 or K-4 non-immigrant visa. The only time advance parole is necessary is if the K-3 or K-4 non-immigrant visa has expired and each of have an adjustment of status application that remains pending.

Q23. I am on K3 and my child on K4 visa. Can we change our status in the United States?
A. No. You and your child cannot change status in the United States to another non-immigrant visa category.

Q24. What happens to my K3 visa and my child’s K4 visa after approval of our adjustment of status?
A. If adjustment of status is approved, both of you will become a lawful permanent resident of the United States. If, at the time of approval, your marriage is less than 2 years old, the K-3 or K-4’s permanent resident status is issued on a conditional basis. You and your spouse will then be required to file a Form I-751, Petition to Remove Conditions of Residence within the 90 day period prior to the expiration date on the green card.

LET US HELP YOU

If you want to employ our legal services for your Immigration process, Hire Us.

For any other information, kindly Contact Us.

Close Menu