The K-1 Visa for Fiancé(e) of a United States Citizen and K-2 Visa for Children

1. About the K Visa

The K visas are issued to two groups of people: 

1) U.S. citizens' fiancé(e) 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).

A K-1 visa is for the purpose of admitting an alien fiancé(e) 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 is pending.

2. The K-1 Visa for Fiancé(e) of a United States Citizen

The K-1 visa, also known as the fiancé(e) visa, is used by United States citizens who wish to bring their prospective spouse to the United States with the intention of getting married. The visa application procedures and policies followed by U.S. consular posts vary depending on the local conditions and requirements. 

After an alien fiancé(e) has obtained a K-1 visa and entered the U.S., the alien fiancé(e) must get married to the U.S. citizen who petitioned for him/her within 90 days of admission. After marriage, the alien fiancé(e) becomes the spouse. She or he may file an immigration petition and adjustment of status application to become a permanent resident. The U.S. citizen spouse must complete and submit the Affidavit of Support with the alien spouse's application for permanent resident.

3. Children for K-2 Visa

The minor children of K-1 visa holders will be admitted with K-2 visa, for a same time of their parents or until the day before such children's 21st birthday or marriage, whichever is shorter. 

All children under 21 years old and unmarried of the alien fiancée must be listed on the K-1 visa petition. The children must be present at the interview. A marriage certificate of the beneficiary along with the rest of the required documentation must be provided as a requisite for the child's K-2 visa. 

The child accompanying the K-1 beneficiary may acquire K-2 status even after the beneficiary has married the U.S. citizen petitioner and acquired lawful permanent resident status in the U.S. The cut-off date for issuance of a K-2 visa is 1 year from the date of the issuance of the K-1 visa. After 1 year, the filing of an immediate relative or second preference immigrant visa petition would be required for the child.

 

 


 

 


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