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).