K-1 Fiancé Visa And Other K Visas
At D’Alessio Law Group, we believe couples starting a life together should be celebrating, not stressing about the complexity of getting visas and green cards. Our family immigration services are tailored to your individual needs. We can do the legal work, so that you can envision your life together in the United States with hope and excitement.
- The K-1 Fiancé Visa
- K-2 Visa – Minor Children of Fiancés of U.S. Citizens
- K-3 Visa – For Spouses Outside The United States
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Get To Know The Different Types of K Visas
The K-1 Fiancé Visa
If you are a US citizen and you want your fiancé to join you in the US to get married here, you can petition for them to be given a temporary K-1 fiancé visa.
To qualify for a fiancé visa, you and your future spouse will have to meet some eligibility requirements.
At a minimum, you will need to show these things:
- You and your fiancé plan to get married within 90 days of your fiancé arriving in the U.S.
- You are a US citizen
- You are both legally allowed to be married
- You’ve met in person at least once in the past two years
- a real intent to start a life together, and the marriage plans are not just a way to get an immigration benefit
- Your marriage will happen inside the United States
- Your fiancé is not already living in the U.S
If you can show that meeting in person wasn’t possible because it would have caused an extreme hardship on you, the US citizen petitioning to bring your future spouse to the United States, you can request for the in-person meeting requirement to be waived. A waiver might also be granted if meeting face to face would have violated a strict, long cultural custom of your soon-to-be spouse.
K-1 nonimmigrant visas can be tricky, so if you are planning a wedding and need to petition for a fiancé visa, we recommend you consult with an immigration attorney first.
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K-2 Visa – Minor Children of Fiancés of U.S. Citizens
K-2 visas are for the kids of K-1 applicants. So, if you are a US citizen and you intend to bring your future spouse to the United States for marriage, a K-2 visa would let your fiancé bring their children with them.
There are a few rules that go along with this type of visa, including:
- A K-2 applicant must be under the age of 21 and the child of a K-1 applicant
- A K-2 applicant has to be unmarried
- The K-2 applicant has no prior immigration violations
- The marriage will take place before the child reaches 21 years of age, but hasn’t taken place yet
This type of visa is a “non-immigrant visa” and “a derivative visa.” That means that the child isn’t given their own immigration status, the K-2 is dependent on the parent’s K-1 visa. Once the US citizen has married the K-2 visa holder’s parent, you must apply for an adjustment of status for the child.
K-3 Visa - For Spouses Outside The United States
If you are married to a US citizen but you are outside the United States, you can shorten your wait time to join your spouse in the United States by getting a K-3 nonimmigrant visa. This visa lets you into the country so that you can apply for and wait for approval of your green card.
If your marriage to a US citizen took place outside the US, you must apply for your K-3 visa in the country where you were married. There’s a lot to consider when getting married to a US citizen and immigrating to the United States, so it’s important to consult with a skilled immigration attorney as soon as possible.
Schedule A Free Consultation With a K Visa Lawyer
Planning a wedding and starting a life together can be overwhelming even if you aren’t up against visa and green card hurdles. Let us help. Contact D’Alessio Law Group to discuss your immigration options today and get the immigration help you deserve.