K Visas

K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry.  Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States (Green Card holder). 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.  If a K-1 visa holder does not marry his or her U.S. citizen petitioner within 90 days of entry, then he or she must depart the United States within 30 days.

K-1 Visa

In order to qualify for the K-1 Visa both the U.S. Citizen and the Alien Fiancé/Fiancée have requirements.  The following are the requirements of the U.S. Citizen:

• The Petitioner must be a U.S. Citizen, Lawful Permanent Resident cannot act as a petitioner for the K-1 visa.
• Petitioner must marry the Alien Fiancé/Fiancée within 90 days after entry into the United States
• You must have dated the Alien Fiancé/Fiancée for at least two years unless you meet the exceptions for the Special K1/K2 visa.
• You must prove that you can support your Alien Fiancé/Fiancée financially.
• You must be free to marry.

The following are the requirements of the Alien Fiancé/Fiancée:

• You must be living outside of the United States.
• You must have dated the Alien Fiancé/Fiancée for at least two years unless you meet the exceptions for the Special K1/K2 visa.
• Petitioner must marry the Alien Fiancé/Fiancée within 90 days after entry into the United States
• You must be free to marry
• You must not have violated any immigration laws of the United States which could affect your application.

K-3 Visa

The K-3 visa, on the other hand, is intended for the foreign spouse of a U.S. Citizen and the K-4 Visa is intended for any children that the alien spouse may have and bring them over to the United States. This allows the spouse of the U.S. Citizen and their children to immigrate to the United States while their petitioner to become Lawful Permanent Residents is pending.

Our Process

Given that the Alien Fiancé/Fiancée lives abroad, we often assist by speaking with our clients via telephone and Skype.  The latest technology allows us to adequately prepare our clients for interviews at the appropriate U.S. Consulates/Embassies.  Call Today at (704) 325-8057 for more information.