Frequently Asked Questions of K-1
Visa and K-2 Visa Application and Other Related Issues
Q: What are the K-1 and K-3 visas?
A: K visas are issued to two groups of people: 1) U.S. citizen fiancées who are outside the U.S. (issued K-1 visas), and 2) U.S. citizens' spouses who are outside the U.S. (issued K-3 visas). The minor children of such fiancées or spouses who will accompany them to enter into the U.S. may apply for a "K-2" or "K-4" visa respectively. The purpose of the K-1 visa is to allow the alien fiancée/fiancé who lives outside the U.S. to travel into the U.S. to marry the U.S. citizen.K-1 visa is a nonimmigrant visa that recognizes the beneficiary's intent to immigrate based on his/her planned marriage to a U.S. citizen, and allows the beneficiary to enter the United States to complete the marriage. The K-1 fiancée visa is suitable for:
1) Fiancé or Fiancée of U.S. citizens to enter the U.S. and marry the U.S. citizen petitioner within 90 days;
2) U.S. citizens to bring their fiancé or fiancée to the U.S. to marry within 90 days.
The purpose of the K-3 visa is to promote family reunion and serves as a temporary remedy for the long delayed family based immigration petition process. It allows the alien spouse to stay in the U.S. while waiting for the result of the pending immigration petition. The alien spouse may obtain work authorization during the waiting period.
Q: Who can file the K-1 visa application?
A: If you are an American citizen and are planning on marrying a foreigner, you have the option of bringing you fiancée/fiancé to the United States on a temporary non-immigrant visa to marry and live here. You may also apply to bring your fiancée/fiancé's unmarried children, who are under the age of 21, to the United States via the same visa petition.The K-1 visa is a temporary visa to the United States for the sole purpose of getting married within the United States. This visa is not a permission to stay in the U.S. for long term. You have 90 days to get married after your fiancée/fiancé arrives in the country. If she or he plans to stay and work in the U.S., you will have to file another petition and application in order to adjust his/her status to a permanent resident (Green Card).
Legal permanent residents (Green Card holders) may not file petitions for the fiancée/fiancé visas, although they may petition for the immigration visa of their new spouse after the wedding.
Q: What is the distinction between a K-1 and a K-3 visa?
A The K-1 visa is for the purpose of admitting an alien fiancé of a U.S. Citizen, while a K-3 visa is for the purpose of admitting the alien spouse of a U.S. Citizen for whom a family based immigrant petition (Form I-130) is pending.The K-3 visa is available to the spouse of a U.S. citizen who may choose to enter the U.S. as a nonimmigrant, and then adjust status to Lawful Permanent Resident. Although initially designed to overcome long delays associated with the traditional immigrant visa process for the spouse of a U.S. citizen, the experiences and concerns soon revealed that the K-3 visa process is complicated, and often takes longer than was first anticipated.
Q: What are the benefits of the K-1 visa?
A: The K-1 fiancée visa is a nonimmigrant visa which allows the fiancé or fiancée of a U.S. citizen to enter into the U.S. and get married to the U.S. citizen. The benefits of the K-1 visa include:
1) The K-1 fiancée visa generally has a shorter processing time compared to marriage-based immigration visa petitions;
2) The alien fiancée/fiancé can apply for a work permit by filing Form I-765 and engage in employment;
3) The children of alien fiancée/fiancé can accompany the alien to the U.S. on the K-2 dependent visa, as long as they are named in the fiancée visa petition.
Q: What are the benefits of a K-3 visa?
A: The benefits of a K-3 visa include:a) Backlogs on adjudicating visa petitions filed by United States citizens for their immediate relatives can exceed a year and half at some of the USCIS Service Centers, and immigrant visa issuance by a consulate can routinely take another six months. The K-3 visa, intended to improve the speed with which a family can be united in the United States, can substantially shorten that lengthy waiting period for U.S. Citizen spouses to enter the U.S.
b) Once admitted to the United States, the spouse issued K-3 visa will be eligible to adjust status to permanent residency. This is a significant benefit because of enhanced procedural safeguards available to persons who adjust to permanent resident status, in contrast to persons who must apply for immigrant visas abroad.
c) Additionally, upon entry, the K-3 visa holder will be eligible to work in the United States. If the United States citizen petitioner is low-income and unable to meet the minimal income level necessary to submit the I-864 Affidavit of Support form that is required before a non-citizen can be approved for residency, then the K visa holder's ability to work is a great advantage, because when calculating income, the United States petitioner can include the non-citizen beneficiary's income if the petitioner and the beneficiary have lived together for six months.
Q: What are the requirements for K-1 visa?
A: The requirements for K-1 visa include:
The alien fiancée/fiancé must be outside the U.S.;
The U.S. citizen must first file an I-129F petition with the USCIS and have it approved before the alien fiancée/fiancé may apply for a K-1 visa.
Both the U.S. citizen and the fiancée/fiancé must remain unmarried until the arrival of the alien fiancée/fiancé in the U.S.
The alien fiancée/fiancé and U.S. citizen must have met personally at least once in the two years before the I-129F petition was filed.
Q: Who is eligible for K-1 visa?
A: As a fiancé or fiancée of a U.S. citizen, you are eligible for K-1 visa if you are:
1) You and fiancée/fiancé are legally eligible to marry under the laws of your country as well as the laws of the U.S.;
2) You will marry the petitioning U.S. citizen within 90 days of entering the U.S.;
3) You intend to enter the U.S. solely to marry the U.S. citizen;
4) You have met the U.S. citizen within the last two years before filing for the K-1 fiancée visa. This requirement can be waived only if meeting your fiancé in person would violate long-established customs, or would create extreme hardship for the U.S. citizen.
Q: What are the K-1 visa conditions and restrictions?
A: Until the marriage takes place, your fiancée/fiancé is considered a non-immigrant. Your fiancée/fiancé may enter the United States only one time with a fiancée visa. If your fiancée/fiancé leaves the country before you are married, your fiancée/fiancé may not be allowed back into the United States without a new visa.
If the marriage does not take place within 90 days, or your fiancée/fiancé marries someone other than you (the U.S. citizen filing the petition), your fiancée/fiancé will be required to leave the United States. If your fiancée/fiancé intends to live and work permanently in the United States, your fiancée/fiancé should apply to become a permanent resident after your marriage.
If your fiancée/fiancé does not intend to become a permanent resident after your marriage, your new spouse must leave the country within the 90-day original non-immigrant admission.Q: What are the limitations of a K-1 visa?
A: The law does not allow non-immigrant aliens to change to K status while they are in the U.S. It is solely available to those outside the U.S. for the purpose of family reunification with the U.S. citizens. Further more, K-1 visa/status holders may not change to any other non-immigrant status while they are in the U.S. If a person is temporarily barred from entering into the U.S. for previous violation of U.S. immigration law, she or he cannot use K-1 visa to enter into the U.S.The K-1 visa expires ninety days after the fiancée/fiancé enters the United States. Within that period, the fiancée/fiancé must marry the United States citizen petitioner, or face termination of her/his status and potential removal from the United States.
If the fiancée/fiancé fails to marry the petitioner, she or he will not be allowed to adjust his/her status in the United States from K-1 visa holder to any other immigrant or nonimmigrant status. This does not mean that she or he would be barred from acquiring lawful permanent resident status if she or he were in fact eligible to immigrate based on other grounds, such as qualifying employment. She or he could only obtain such residency, however, by applying for an immigrant visa at an appropriate United States consulate abroad. she or he is also subject to the same grounds of inadmissibility caused by previous immigration law violations such as overstay status, etc. On K-1 visa, you may not:1) Change to any other nonimmigrant status while you are in the U.S.;
2) Use K-1 visa to enter the U.S. if you have been temporarily barred from entering into the U.S. for previous violation of U.S. immigration law.
Q: What are the limitations of K-3 visa?
A: 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 is still awaiting adjudication.
Also, the law does not allow non-immigrant aliens to change to "K-3/K-4" status while they are in the U.S. It is solely available to those outside the U.S. for the purpose of family reunification with the U.S. citizens. Further more, K-3/K-4 visa holders may not change to any other non-immigrant status while they are in the U.S. If a person is temporarily barred from entering into the U.S. for previous violation of U.S. immigration law, she or he cannot use K-3 visa to enter into the U.S.Q: What a re the ineligibility for a K-1 visa application?
A: Certain conditions and activities may make an applicant ineligible for a K-1 visa. Examples of these ineligibilities are:
Trafficking in drugs;
Having HIV/AIDS;
Overstaying a previous visa;
Practicing polygamy;
Advocating the overthrow of the government;
Submitting fraudulent documents.
The U.S. consular officer will tell you, the applicant, if you are ineligible for a K-1 visa, whether there is a waiver of the ineligibility and what the waiver procedure is.
Q: What is the distinction between a K-1 and a K-3 visa? and what are K-2 and K-4 visas?
A: A K-1 visa is for the purpose of admitting an alien fiancée/fiancé of a U.S. Citizen, while a K-3 visa is for the purpose of admitting the alien spouse of a U.S. citizen for whom a family based immigrant petition (Form I-130) is pending.A K-2 visa is for the purpose of admitting the dependent child of a K-1 fiancée/fiancé. A K-4 visa is for the purpose of admitting the dependent child of a K-3 spouse.
Q: Can K-1 visa holder apply for Employment Authorization Document?
A: K-1 visa holders may accept employment in the U.S. by obtaining an Employment Authorization Document (EAD). The USCIS normally take 90-120 days to process EAD applications and the authorized stay for a K-1 fiancée/fiancé is only 90 days, therefore you may not receive the EAD in a timely manner, The EAD can only be valid for the period of authorized stay.Q: How long can I stay in the U.S. on K-1 visa?
A: A K-1 visa is issued with a validity of 6 months. You have to enter the U.S. before the expiry date shown on your K-1 visa. After your arrival in the U.S., you have 90 days to get married or you must return to your home country. There is no legal way to extend the 90 day limit.
Once the marriage has taken place in the U.S., you must apply to adjust to permanent resident status. You would first generally obtain a two-year conditional residency, and would have to file additional paperwork later for the conditions to be lifted.Q: How long does it take to get K-1 visa?
A: The length of time varies from case to case according to its circumstances. Some cases are delayed because the applicant does not follow instructions carefully or supplies incomplete information. It is important to give correct addresses and telephone numbers. In addition, the U.S. Embassy or Consulate may need to get security clearances for the applicant. Security clearances take time.Q: What are the procedure of a K-1 visa?
A: There are three steps the parties must undertake for fiancés of U.S. citizens (K-1):
1) The U.S. citizen must file an I-129F petition with the USCIS;
2) Once the I-129F is approved, the USCIS will notify the American Consulate abroad specified on the petition;
3) The alien fiancée/fiancé should submits an DS-156 non-immigrant visa application with a completed I-693 medical examination form and other requested documents to the U.S. consulate, for the issuance of the K-1 visa. Normally, an interview will be conducted at the U.S. consulate before the K-1 visa is issued.
Q: What are the K-1 visa processing times? and how do I apply for K-1 visa?
A: The K-1 fiancée visa processing times vary with each individual’s circumstances. Under normal circumstances, it takes 3 to 5 months at the USCIS plus 2 to 3 months at the U.S. Consulates to process the visa. To apply for a K-1 visa, a petition must be submitted by your U.S. citizen fiancé/fiancée to the USCIS along with:1) Letter from the U.S. citizen stating the intention to marry each other;
2) Proof that the U.S. citizen and the alien fiancée/fiancé have met in person within two years of filing the petition (this may be waived for reasons like cultural issues or extreme hardship to the U.S. citizen);
3) Proof that both person are legally able to marry (age for getting married, no divorce pending cases etc);
4) Proof of U.S. citizenship of the petitioner;
5) Birth Certificate of alien fiancée/fiancé;
6) Divorce decree or Death Certificate of any previous spouse.
When the USCIS approves the petition, it sends the petition to the U.S. Consulate abroad, which will issue the K-1 visa. The consulate determines whether the foreign fiancée/fiancé would be eligible to receive an immigrant visa, before approving the K-1 visa.
Q: What happens after obtaining K-1 visa?
A: After an alien fiancée/fiancé has obtained a K-1 visa and entered the U.S., she or he must get married to the U.S. citizen who petitioned for him/her within 90 days of admission. After marriage, the alien fiancée/fiancé becomes the spouse. She or he may file an immigration petition and adjustment of status application or immigrant visa application to become a permanent resident.
The minor children of K-1 visa holders will be admitted for a period of time the same as that of their parents, or until the day before such children's 21st birthday or marriage, whichever is shorter. An alien admitted to the U.S. as a K nonimmigrant will be authorized to work after filing an I-765 application with the USCIS.
The K-1/K-2 holders may enter the U.S. only one time with their K-1/K-2 visas. If they leave the U.S. before marriage, they need to apply for a new visa to come back. After they file the adjustment of status application, they are required to obtain Advance Parole before the trip abroad in order to avoid abandonment of the adjustment application.Q: When will be termination of K-1/K-2 status
A: The K-1/K-2 status will be terminated when the alien fiancée/fiancé marries someone other than the U.S. citizen who petitioned for her/him. And K-1/K-2 nonimmigrants are required to leave the U.S. if the anticipated marriage does not take place within 90 days.Q: My American citizen fiancé is sponsoring me for immigration, does it matter where we get married?
A: If you wish to marry in the U.S. and take up indefinite residence after marriage, you can apply for a fiancée visa. If you wish to marry outside the U.S. and travel to the U.S. to take up residence, you will require an immigrant visa.
Q: Which is quicker to process, an immigrant visa or a fiancée visa?
A: The time taken for the K-1 fiancée visa process varies with each individual case. However, in general, a fiancée visa application may be slightly quicker than an application for an immigrant visa, as immigrant visa petitions are taking longer to be processed and approved by the USCIS. If the time factor is of importance, you should contact the USCIS office where you will file the petition to ascertain processing times before deciding on applying for a fiancée visa or immigrant visa.
Q: What is the "Conditional Permanent Status"?
A: After your marriage, your new spouse will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage is less than two years old at the time of adjustment to permanent residence status.The permanent resident status will expire in two years from when it was given, unless you successfully petition to have the condition removed. As a new couple, you need to file the Form I-751 during the 90-day period immediately before the second anniversary of the date your alien spouse was granted conditional permanent residence.
Q: What is the process to have the conditional resident status for my spouse removed?
A: You are required to file a petition with the USCIS to have the conditional resident status removed for your alien spouse. The petition must be filed 90 days before the second anniversary of your spouse being admitted into the U.S. on an immigrant visa, or adjusting status on marriage, if your spouse entered on a fiancée visa.Q: I will not marry within 90 days of my fiancée's arrival in the U.S. Can we still apply for a fiancée visa?
A: No, if the marriage will not take place within 90 days your fiancée's arrival in the U.S., it will not be possible to process an application for a fiancée visa. If your intent is to eventually marry in the U.S., then the visa free travel under the Visa Waiver Program or a nonimmigrant visitor or working visa is more appropriate.Q: Can we apply for K-1 visa while my fiancée is in the U.S.?
A: No, your fiancée must apply for U.S. fiancée visa at a U.S. Embassy or Consulate outside the U.S., as it is required to enter the U.S. on the K-1 visa.Q: Can my fiancée work in the U.S. before we marry?
A: The USCIS may grant permission for your fiancée to take up employment in the U.S. before the marriage takes place. To obtain Employment Authorization your fiancée will need to file Form I-765, Application for Employment Authorization, with the USCIS Service Center which covers your fiancée's place of residence in the U.S. after your fiancée's arrival there.Q: Can I apply for a fiancé visa if my fiancé's divorce is not finalized?
A: The fiancé visa petition cannot be filed until you are both legally free to marry. Therefore, you will be required to wait until your fiancé's divorce is finalized.Q: I only wish to travel to the U.S. to marry. We will return to my home country after the marriage. Do I still need a fiancé visa?
A: If you are traveling to the U.S. to marry a U.S. citizen with the intention of returning to your place of permanent residence abroad, you may apply for a visitor (B-2) visa, or if eligible, travel without a visa under the Visa Waiver Program. Evidence of a residence abroad to which the B-2 visa holder or visa wavier traveler intends returning should be carried for presentation to an immigrant inspector at the port of entry.Q: What is the validity period for the K-1 visa? and what are the conditions that go along with it?
A: Upon approval and interview at the foreign consulate, the K-1 visa will be given with 3 distinct deadlines:1) A visa will be issued with a validity of 180 days. You have to enter the United States before the expiration date shown on that visa;
2) From the date of entry another deadline becomes effective. You have to marry your fiancée/fiancé within 90 days after entering the U.S. on a K-1 visa;
3) After the marriage, you have another deadline to inform the USCIS that you have married and apply for change of visa status.
Q: What is needed at the K-1 visa interview?
A: For K-1 visa interview, you need to provide the following information or documents:
Proof of the relationship;
Photos showing the two of you together, letters and correspondence, telephone bills, airline tickets, etc.
The USCIS is very interested in being certain that it is not a "sham" marriage for the purpose of immigration. Typical questions can be asked like where you met? where the U.S. citizen works? where was your fiancé born?
Q: What forms should K-1 visa holders file to change status in U.S. after getting married to an American citizen?
A: The following forms should be filed: Form I-130, Petition for Alien Relative; Form I-485, Application to Register Permanent Residence; Two completed and signed G-325A's (one from the petitioner and one from the beneficiary); Form I-765, Application of Employment Authorization; and Form I-131, Application for Advance Parole.
Q: What would be the status of a K-1 visa holder, after filing the application for Adjustment of Status?
A: Once the Petition for Alien Relative and application to Register Permanent Residence is filed (Form I-485) at the USCIS, the K-1 visa holder's status changes to an applicant with a pending Adjustment of Status. Upon receiving the work authorization card (EAD), she or he can start working while their case is pending, and can travel outside the country so long as they have an valid Advance Parole.Q: I want to file a K-1 visa application for my fiancée. How could your package of "Complete Do-It-Yourself Package of K-1/ K-2 Visa Application for U.S. Citizen's Fiancé(e)" help me?
A: To help you filing K-1 visa application for a U.S. citizen's fiancée or fiancé, we provide the high quality and case-proven "Complete Do-It-Yourself Package of K-1/ K-2 Visa Application for U.S. Citizen's Fiancé(e)" based on our extensive and practical immigration experience.
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