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K Visas to the United States: All You Need is Love
By Charles F. Hollis, III,
It has been said love conquers all and knows no boundaries. This is especially true in our electronic age. With easy access to on-line matchmaking services and frequent-flier miles, people living in faraway places are falling in love. So what can be done when your relationship with that special someone in the U.S. reaches the point where you can no longer bear remaining apart? The answer is often a K visa. Here is a basic overview:
The K-1 Fiancé Visa
K-1 visas are available to the fiancés of U.S. citizens (USC's). To begin the K-1 petition process, the USC files a "Form I-129F Petition for Alien Fiancé" with U.S. Citizenship and Immigration Services (USCIS), along with supporting evidence, such as photos and statements describing how the couple met. The petition must include proof that the couple has met in person within the past two years. The current filing fee for the I-129F petition is $455.00 USD.
Once USCIS approves the petition, it transfers it to the U.S. consulate in the sponsored fiancé's home country. Upon receiving the petition, the consulate sends the fiancé an application package that includes the visa application form, as well as instructions on the required medical examination and police background check. After receiving the required information, the consulate schedules an interview.
If the interview goes well, the U.S. consular officer will issue a K-1 visa. This gives the fiancé six months to enter the U.S in K-1 status. Upon entry, the non-citizen fiancé must marry the petitioning USC within ninety days in order to lawfully remain in the U.S. Once married, the non-citizen spouse should apply for permanent residence, sometimes known as the "green card." The K-1 process typically takes 6 to 12 months from when the Petition is first filed to when the visa is issued.
If the K-1 visa holder has unmarried children under age 21, a K-2 visa is available for them. They too may apply for permanent residence once the couple marries.
The K-3 Spousal Visa
K-3 visas are for spouses of USC's wishing to stay in the U.S. while their permanent resident cases are processing. This is often a favorable alternative to the consular processing of an immigrant (permanent resident) visa application, which can prevent the non-USC spouse from entering the U.S. for well over a year.
To begin the K-3 petition process, the USC files a "Form I-130 Petition for Alien Relative" with USCIS, along with evidence of the marriage. The current filing fee for the I-130 petition is $355.00 USD. As soon as USCIS issues a receipt--which usually takes about two weeks--the USC files an I-129F petition. There is no filing fee for the I-129F petition in K-3 cases. Once USCIS approves the petition, it transfers it to the U.S. consulate for processing very similar to that for K-1 cases.
If the interview goes well, the U.S. consular office will issue a K-3 visa. This gives the non-citizen spouse six months to enter the U.S. in K-3 status. Upon entry, the spouse should apply for "adjustment of status" to permanent residence.
If the K-3 visa holder has unmarried children under age 21, a K-4 visa is available for them. They too may apply for permanent residence once in the U.S.
The purpose of this article has been to provide readers with a brief overview of the K visas. Before making a final decision on the visa strategy that works best for you, please be sure to consult with an immigration attorney.