Family Visas

The Fiancés and spouses of United States citizens as nonimmigrants can enter the United States to complete their immigration process.

For more information on each visa type, please see below.


FAMILY

VISA TYPE

Fiancé(e)

K-1

Spouse of U.S. Citizen

K-3

      
 

K-1/K-2 Visa Classifications

The K-visa categories is for fiancé(e)s of U.S. citizens (K-1) and their accompanying minor children (K-2) so that they could travel more quickly to the United States. Fiancé(e)s  thus could be admitted  to the United States as nonimmigrants to prevent a long separation from their intended spouse, while continuing their immigrant visa processing after the marriage takes place. K-1 visa holder must marry the U.S. citizen fiancé(e) within 90 days of entry. Failure to marry within 90 days makes them removable from the United States and in such case cannot adjust through any other means.

An individual in K-2 status does not generally have a visa petition (Form I-130, Petition for Alien Relative) filed by the U.S. citizen petitioner, which is required in order for Child Status Protection Act (CSPA) provisions to be applicable. Therefore, a K-2 nonimmigrant cannot utilize the CSPA when seeking to adjust status. A K-2 visa holder should seek adjustment before turning 21 and must adjust prior to 21st birthday.

K-3/K-4 Visa Classifications

The K-3 visa category was created for foreign spouses and K-4 category for children/stepchildren of U.S. citizens to prevent a long separation between the overseas fiancé(e) and their intended U.S. citizen spouse due to a backlog of immigrant visa petitions (Forms I-130 - Petition for Alien Relative). U.S. citizens are allowed to file an additional petition on Form I-129F while their Form I-130 is pending to allow their foreign spouses and minor children to come to the United States as nonimmigrants in an expedited manner. K-3 applicants must file for a K-3 visa in the country where their marriage to the U.S. citizen petitioner occurred. An extension of K-3 status is granted in 2-year intervals while adjustment of status application is pending. At the same time extension of K-4 status for the child also should be sought.

All K nonimmigrants are required to file Form I-485, Application to Register Permanent Residence and Adjust Status, after arrival for their permanent residency. K non-immigrants may only adjust status as a permanent resident through the same U.S. citizen (fiancé(e), spouse, or stepparent) that petitioned for them to receive their K visa status. If K non-immigrants have received a medical examination that did not reveal a Class A medical condition prior to admission, then they are not required to have another medical examination at time of adjustment as long as Form I-485 is filed within 1 year of their overseas medical examination. A waiver of inadmissibility should be obtained and terms and conditions complied. Even if a new medical examination is not required, vaccination requirements must be complied with.

Individual in K-4 status may utilize the provisions of CSPA upon seeking adjustment being an immediate relative of a U.S. citizen on the basis of a Form I-130 filed by the U.S. citizen step-parent. The parent-child relationship between the U.S. citizen and the K-4 nonimmigrant should exist and the marriage between the U.S. citizen and the K-4’s parent must have occurred before the child’s 18th birthday. Since the K-4 child’s age “stalls” on the date the Form I-130 is filed, a K-4 benefits from the CSPA as long as the Form I-130 petition is filed before the K-4’s 21st birthday.