AWhat is K visa?
The fiancé(e) K-1 nonimmigrant 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 K-2 nonimmigrant visa allows the child(ren) of a K-1 fiancé(e) visa holder to enter into the U.S. and await the availability of an immigrant visa.
K3 marriage visa or k3 visa is a two year multiple entry visa that allows the foreign citizen spouse to immigrate to the USA by adjusting their status to permanent resident.
K-4 visa is a visa available to the derivative unmarried minor children of the fiancee or wife of an American citizen petitioner who are issued a K-3 marriage visa.
A K-4 visa can be issued at the same time or up to one year after the issuance of the parents K-3 visa.
BGeneral qualifications and requirements for a K-1 or K-2 Visa
- K-1 Visa Requirements
K-1 Visa Requirements of the U.S. Citizen:
1) You need to be a US citizen to apply for your fiancée as a K-1. If you are a legal permanent resident, you cannot file a petition to bring your fiancé/fiancée to the United States.
2) You must intend to marry your alien fiancé/fiancée within 90 days after he/she enters the United States. After 90 days have lapsed, the K-1 visa will no longer be valid and your fiancé/fiancée will be considered “out of status”.
3) You must be legally free to marry. This means that you are single, you have proof of annulment or divorce from any other previous spouse or proof that your previous spouse has passed away.
4) You must have met your fiancé/fiancée at least once within the past two years (unless you meet one of the exceptions outlined in the special K1/K2 visa scenario section).
5) You must prove that you can support your beneficiary financially.
6) You must submit a copy of your criminal record if you had been convicted for a crime or crimes.
Requirements of the Alien Fiancé/Fiancée:
1) You must be living outside of the United States in order to qualify for a K-1 visa.
2) You must be free to marry. This means that you are single, have proof of annulment or divorce from any other previous spouse or proof that your previous spouse has passed away.
3) You must have met your fiancé/fiancée at least once within the past two years (unless you meet one of the exceptions outlined in the special K1/K2 visa scenario section).
4) You must not have any record of past violations regarding U.S. immigration law. For instance, if you previously stayed in the United States, and for whatever reason, were “out of status” this could affect your K-1 application.
- K-2 Visa Requirements
Qualifications for the Child/Children of an Alien Fiancé/Fiancée
1) In order to qualify for a K-2, you must be the child of the K-1 holder. If you are adopted, there might be certain conditions on your application.
2) You must be younger than 21 and unmarried;
3) You must not have any record of past violations regarding U.S. immigration law. For instance, if you previously stayed in the United States, and for whatever reason, were “out of status” this could affect your K-2 application.
4) Once you reach the United States, the general rule is that you have until you are 21 years of age to adjust your status. However, there are certain exceptions to “aging out”.
5) You must want to move to the US.
6) You must pass a medical exam.
- K-3 Visa Requirements
1) As the petitioner you must earn a minimum income in order to qualify to sponsor a foreigner immigrating to the USA.
2) Your fiancee can not have a serious criminal convictions.
3) You can not have a serious criminal convictions that include violent crimes, crimes against minors, and sex crimes.
4) You must be legally married.
5) You must file a Alien Relative visa petition CR-1 or IR-1 before you can qualify to file a K-3 marriage visa petition.
- K-4 Visa Requirements
1) Less than 21 years old.
2) The unmarried child of a K-3 applicant.
3) Seeking to immigrate to the U.S.