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K Visas for Fiance(e) of US CitizenGeneral Information on K-1 VisasAs quoted or based on information provided by the US Department of State and/or the USCIS. Updated 2007-05-23
Nonimmigrant Visa for a Fiancé(e) (K-1)
What Is a “Fiancé(e)”?A fiancé(e) is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place. In general, the two people must have met in person within the past two years. The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage. Sometimes the USCIS considers a person a "fiancé(e)" even though a marriage contract has been concluded. In such cases, the American citizen petitioner and his/her spouse have not met, and they have not consummated the marriage. How Does a Fiancé(e) Visa Work?If you are an American citizen and you want your foreign fiancé(e) to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiancé(e) in the United States. Filing the PetitionYou must file the Petition for Alien Fiancé(e), Form I-129F, with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. See the Department of Homeland Security's USCIS Field Offices for information on where you can file the petition. Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad. After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where your fiancé(e) will apply for a K-1 nonimmigrant visa for a fiancé(e). What Should I Know about International Marriage Broker Regulation Act (IMBRA)?Detailed information about the International Marriage Broker Regulation Act (IMBRA) of 2005 petition requirements are shown in the new Form I-129F, Petition for Alien Fiancé(e) instructions. Extending the PetitionThe I-129F petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed. A Fiancé(e) Is Also an ImmigrantBecause a fiancé(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Applying for a VisaThe consular section at the embassy or consulate where you, the fiancé(e) of an American citizen, will apply for a visa, will tell you about any additional specific requirements that you need to fulfill to complete your visa application, such as where you need to go for the required medical examination. The following is required:
The consular officer may ask for additional information according to the circumstances of the case. Documents in foreign languages should be translated. Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the interview. Original documents can then be returned to you. Fees - How Much Does It Cost?Fees are charged for the following services:
For current fees for Department of State, government services select Fees. Vaccination RequirementsAll applicants for immigrant visas are required to have the following vaccinations, if appropriate, for age, medical condition, or medical history:
As a fiancé(e), you are not required to fulfill this requirement at the time of your medical examination for a fiancé(e) visa. However, you may want to do so. These vaccinations are required when you adjust status following your marriage. What Must Happen After Getting the Fiancé(e) Visa?After getting the fiancé(e) visa, your fiancé(e) enters the U.S. through a U.S immigration port-of-entry. The U.S. immigration official gives your fiancé(e) instructions on what to do when he/she enters the United States. You must get married within 90 days of your fiancé(e)’s entry into the United States. After marriage, your spouse must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR). See Permanent Resident at the Department of Homeland Security's, USCIS internet site. Can a K-1 Visa Holder Leave the United States?The K-1 visa allows a fiancé(e) to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the United States, you should apply with Form I-131 Application for Travel Document to the USCIS office that serves the area where you live for advance parole to return to the United States. See Emergency Travel for information on how to get a travel document that allows you to return to the United States. Can a K-1 Visa Holder Work in the United States?As a K-1 visa holder you may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where you live for a work permit (employment authorization document). For more information see How Do I Get a Work Permit (Employment Authorization Document)? Children Have Derivative StatusThe child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required. Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18. How Long Does It Take?The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. 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 embassy or consulate may need to get security clearances for the applicant. Security clearances take time. What If the Applicant Is Ineligible for a Visa?Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:
The consular officer will tell you, the applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. For a complete list of ineligibilities see Classes of Aliens Ineligible to Receive Visas. How Do I Find the Regulations on the K-1 Visa?To read relevant information regarding Department of State regulations on the K-1 fiancé(e) visas select Foreign Affairs Manual (FAM). How to Apply for a Social Security Number CardAfter your fiancé(e) has been admitted into the United States, he/she can apply for a social security number card by visiting one of the Social Security offices in your local area. To learn about how-to-apply, visit the website for the Social Security Administration. Further Visa InquiriesQuestions on visa application procedures and visa ineligibilities should be addressed to the American consular office abroad by the applicant. General Visa Questions
General Information on K-3 Visas
As quoted or based on information provided by the US Department of State and/or the USCIS. Updated 2007-05-23
Nonimmigrant Visa for a Spouse (K-3)
What Is a K-3 Visa?Spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas (K-3 and K-4) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status. What Is a "Spouse"?A spouse is a legally wedded husband or wife. Cohabiting partners do not qualify as spouses for immigration purposes. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy only the first spouse qualifies as a spouse for immigration. U.S. law does not allow polygamy. If you were married before, you and your spouse must show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you may file only for the first spouse. Filing - Two Petitions are RequiredYou must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the USCIS Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition. You next file Petition for Alien Fiancé(e), form I-129F for your spouse and children. Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to this Department of Homeland Security USCIS Address on their web site. National Visa Center (NVC) Sends Petition To PostAfter the USCIS approves the I-129F, it sends it to the National Visa Center (NVC). The NVC sends the petition electronically to the embassy or consulate in the country where the marriage took place. If your marriage took place in the United States, the NVC sends the petition to the embassy or consulate that issues visas in the country of your spouse's nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC sends the petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the United States does not have an embassy, the petition would be sent to Turkey. A Spouse of a U.S. Citizen (K-3) Is Also an ImmigrantThe spouse of an U.S. citizen applying for a nonimmigrant visa (K-3 applicant) must have an immigrant visa petition on his/her behalf by the U.S. citizen spouse. Therefore, the spouse of the U.S. citizen (the K-3 applicant) must meet some of the requirements of an immigrant visa. Applying for a VisaThe embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place. Here are the procedures to apply. The embassy or consulate will let you know any additional things to do, such as where you need to go for the required medical examination. The following is required:
The consular officer may ask for additional information. It is a good idea to bring marriage photographs and other proof that the marriage is genuine. Documents in foreign languages should be translated. Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the visa interview. Original documents can then be returned to you. Fees - How Much Does It Cost?Fees are charged for the following services:
For current fees for Department of State, government services see Fees. Extending the PetitionThe I-129F petition is valid for four months from the date of approval. A consular officer can extend the validity of the petition (revalidate the petition) if it expires before you finish processing the visa. Children Have Derivative StatusChildren do not need separate Petition for Alien Relative, I-130 petitions, but you, the petitioner, must take care to name all your children on the Petition for Alien Fiancé, I-129F petition. If you do not name the children on the petition, they may find it difficult to prove their identity as children of a K-3 applicant or person in K-3 status. You must file separate I-130 immigrant visa petitions for your children before they qualify for permanent residence. When they adjust status in the United States, they must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS Office that serves the area where you live. Remember that in immigration law children must be unmarried and under 21 years of age. See child. If the child is not named on the I-129F petition, will that be a problem?The K-4 visa will not be denied because the child's name is not listed on the I-129F petition. As long as it can be established that he/she is the minor, unmarried child of the applicant issued a K-3 visa. Can a K-3 Visa Holder Work in the United States?As a K-3 visa holder, you can file form I-765, Application for Employment Authorization with the USCIS that serves the area where you live for an employment authorization document (work permit). You can get more information by clicking on How Do I Get a Work Permit (Employment Authorization Document)? How Long Does It Take?The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicants do not follow instructions carefully or supply incomplete information. (It is important to give us correct postal addresses and telephone numbers.) In addition, the embassy or consulate may need to get security clearances for the applicant. Security clearances take time. What If the Applicant Is Ineligible for a Visa?Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:
The consular officer will inform you, the visa applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver process is. You can see the complete list of ineligibilities by clicking on Classes of Aliens Ineligible to Receive Visas. How do I qualify for a child of a spouse (K-4) nonimmigrant visa status?To qualify for K-4 issuance, an applicant must be the minor, unmarried child under 21 years of age of a qualified K-3 visa applicant. The U.S. citizen who files an I-129F petition for an alien spouse does not have to file a separate I-129F petition for a child of his/her spouse. These children should be listed on the I-129F petition for the spouse. While the U.S. citizen must also file an I-130 petition for the alien spouse, there is no requirement to file a Form I-130 immigrant visa petition on behalf of the alien's children seeking K-4 nonimmigrant status, since K-4 is a derivative nonimmigrant classification. How does a K-4 child adjust status in the United States?The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence. Can those with K-3 and K-4 visas change to another non-immigrant visa category in the United States?K-3/K-4 visa holders cannot change status in the United States to another non-immigrant visa category. Can I travel and re-enter the U.S. on my K-3 or K-4 visa?Aliens present in the United States in a K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S. , USCIS will not presume that the departure constitutes abandonment of an adjustment application. How Do I Find the Regulations on the K-3 Visa?For Department of State regulations on the K-3 visa select Foreign Affairs Manual (FAM). How to Apply for a Social Security Number CardBefore your spouse arrives in the United States , you can help her or him apply for a social security number card. To learn more about this process, visit the website for the Social Security Administration. General Visa Questions
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K-1 Visa |
Fiance(e) of US CitizenFiance(e) of United States citizen |
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K-2 Visa |
Child of K-1Minor child of K-1 |
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K-3 Visa |
Spouse of US CitizenSpouse of a U.S. Citizen (LIFE Act) |
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K-4 Visa |
Child of K-3Minor child of K-3 |
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