K Visas for Alien Fiancees/Spouses

We here at Law Offices of Nicholas Lowry understand that love often crosses national borders.  In fact, Nicholas Lowry is quite happily married to a Chinese woman he met while studying in Hong Kong.  The K visa categories are non-immigrant visa categories enabling U.S.citizens to bring their alien spouses or fiancees to live in the U.S.; the non-immigrant K visa status will convert into permanent resident status upon the occurrence of some particular event (which event differs depending on the type of the K visa).  There are two major types of K visa; the K-1 visa is for alien fiancees and the K-3 visa is for alien spouses.

The K-1 visa allows a U.S. citizen to bring his or her alien fiancée to the U.S.to get married and live together.  Only a U.S. citizen can apply for a K-1 visa; there is, unfortunately, no mechanism for a U.S. permanent resident to bring his or her alien fiancée into the country.  Various requirements apply to the K-1 visa: the U.S. citizen and the alien fiancée must marry within 90 days of the fiancee’s entry into the U.S. (at the time of the marriage, the alien fiancée will be allowed to adjust status to permanent residency), the citizen and the alien fiancée must have met at least once within the previous two years (though this requirement can be waived in certain exceptional situations), both the citizen and the alien fiancée must be legally free to marry, the citizen must prove his or her ability to support the fiancée financially, and the alien fiancée must not have any prior record of violations of U.S. immigration law.  The alien fiancée may use a K-2 visa to bring his or her unmarried children under the age of 21 to the U.S.

The K-3 visa allows a U.S. citizen to bring his or her alien spouse to the U.S.without having to wait for the result of the I-130 petition .  In order for the alien spouse to be eligible for a K-3 visa, an I-130 petition must already have been filed on his or her behalf, and the U.S.citizen and the alien must be legally married. An alien spouse entering the U.S. on a K-3 visa will enter as a non-immigrant; he or she will be eligible to apply to adjust status  to permanent residence once the I-130 petition has been approved.  The alien spouse may use a K-4 visa to bring his or her unmarried children under the age of 21 to the U.S.