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 for children to come to the United States, and go through Adjustment of Status in the United States.
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.
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.
Contact us today if you are considering applying for a K visa for your spouse or fiancé(e).