K Visas

Tampa K Visa Attorney

One of the goals of United States immigration policy is to unite families. The K visa option is a great option for fiancés to come to the United States, in anticipation of marriage. The K visa is also a great option for spouses to come to the United States. This option is usually faster than consular processing. This visa allows children to come to the United States, and go through the Adjustment of Status in the United States.

Contact us today if you are considering applying for a K visa for your spouse or fiancé(e). Discuss your needs with our Tampa K-visa lawyer in a confidential consultation by contacting us at (813) 499-1250.

Who May Apply for a K Visa?

The K visa can be used by fiancés and their children. The visa can also be used by spouses of United States citizens, and their children, to come to the United States to apply for Adjustment of Status.

What is a K-1 Visa?

A K-1 visa allows fiancés of United States citizens to come to the United States The visa also allows children of K-1 visa holders to come to the United States under the K-2 classification. The requirements of this visa are as follows:

Be a fiancé(e) of a United States citizen
Come to the United States solely to finalize the marriage
Marry the United States citizen within 90 days of entry
Should have met in person within 2 years of the application, or apply for a waiver of such requirement.

A K-1 visa holder may not change status in the United States to another non-immigrant classification. He may not be able to adjust his status. However, a showing of a bona fide marriage with the K visa petitioner may allow a K visa holder to adjust his status, even though the Applicant and the Beneficiary divorce. Matter of Sesay, 25 I&N Dec. 431, 441-44 (BIA 2011).

What is a K-3 Visa?

A K-3 visa allows a spouse of a United States citizen to come to the United States to complete processing of Adjustment of Status. The unmarried minor children of a K-3 will be afforded K-4 status and will be allowed to come to the United States to go through the same process. The main differences between a K-1 and the K-3 are the fact that the latter is married to the United States citizen and has a pending I-130 petition already filed on her behalf.

If the Service approves the I-130 petition, the consular post will not issue a K visa and will complete the consular process. A K-3 holder may not change status in the United States and may only adjust her status through the original Petitioner.

What is the Procedure for Obtaining a K Visa?

The first step is to apply in the United States by filing an I-129F petition with the United States Citizenship and Immigration Services. Once that is approved, the Applicant must file with the Department of States using the DS-160 application.

Understanding the Benefits of K Visas for Families

Applying for a K Visa is not just about immigration; it's about reuniting families and fostering relationships. At American Dream Law Office, we understand the emotional and legal complexities involved in the K Visa process. By choosing a K Visa, you are taking a significant step toward bringing your loved ones closer, allowing for a smoother transition into life in the United States.

Here are some advantages of obtaining a K Visa:

Faster Processing Times: K Visas typically have shorter processing times compared to other visa categories, enabling quicker reunification with your partner.
Work Authorization: K-1 Visa holders can apply for work authorization immediately upon arrival in the U.S., allowing them to start building a life together sooner.
Pathway to Permanent Residency: The K Visa provides a direct pathway to apply for a Green Card after marriage, ensuring your family can stay together long-term.
Flexibility in Travel: K Visa holders can travel freely in and out of the U.S. while their application for permanent residency is being processed.
Family Inclusion: K-3 Visa allows spouses of U.S. citizens to enter the U.S. while waiting for their immigrant visa application to be processed, keeping families united during the waiting period.

Our experienced team at American Dream Law Office is here to guide you through every step of the K Visa application process, ensuring that you understand your options and that your application is as strong as possible. Contact us today to learn more about how we can help you bring your loved ones to the U.S.

Is the Adam Walsh Act Applicable in K Visa Cases?

The Adam Walsh Act will apply in a certain case if the Petitioner had been convicted of any crimes relating to the sexual abuse of minors. However, an Applicant may apply for a waiver, allowing him to petition for his fiancé or spouse.

FAQ: K Visa Process and Requirements

1. How long does it take to process a K visa?
Processing times can vary, but typically, K-1 and K-3 visas take between 6 to 12 months from filing to approval. Factors like incomplete applications or high demand may cause delays.

2. Can I work in the U.S. on a K visa?
Yes, K visa holders can apply for a work permit (Employment Authorization Document) after arriving in the U.S. while waiting to adjust their status.

3. Do I need a lawyer to file a K visa application?
While it is not required to have an attorney, hiring an immigration lawyer can help ensure your application is complete and accurate, reducing the risk of delays or denials.

4. What happens if we do not marry within 90 days of the fiancé(e)'s arrival?
If you do not marry within 90 days, the K-1 visa holder must leave the U.S., or they may face removal proceedings.

5. What evidence do I need to prove the relationship for a K visa?
Evidence can include photographs together, travel documents showing visits, phone or text message records, and affidavits from family or friends attesting to the relationship's authenticity.

6. Can I apply for a K visa if I haven’t met my fiancé(e) in person?
Generally, you must have met your fiancé(e) in person within two years of filing the application. However, waivers are available for certain cultural or hardship reasons.

7. What are the age requirements for children applying under K-2 or K-4 visas?
Children must be under 21 years old and unmarried to qualify for a K-2 or K-4 visa.

8. Can K-1 or K-3 visa holders travel internationally?
It is advisable to avoid international travel until adjusting status. Re-entering the U.S. on a K visa after leaving may not be allowed.

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