Fiancées And Spouses Traveling To Continue Adjustment Of Status

FIANCÉ(E)S, SPOUSES AND DERIVATIVE BENEFICIARIES

The K-visa categories for fiancé(e)s of U.S. citizens and their accompanying minor children (K-1 and K-2 visas) were created to speed up the immigration process for such individuals so they could travel more quickly to the United States. By allowing a fiancé(e) and his/her accompanying minor children to be admitted to the United States as non-immigrants, fiancé(e)s can be spared a long separation from their intended spouse, while continuing their processing for an immigrant visa after the marriage takes place

K-1 Fiance(e) of a U.S. Citizen

The K-1 visa allows the foreign citizen fiancé(e) of a citizen of the United States to enter the United States to marry the U.S. citizen fiancée within 90 days of entry. After marrying the U.S. citizen, the foreign national can apply for an adjustment of status to become a lawful permanent resident.

The foreign citizen fiancé(e)  can obtain permanent residency only by marrying the U.S. fiancé(e)  petitioner. The marriage must take place within the 90-day period. If this does not happen, the foreign national fiancé(e)  must return to the country of origin. The foreign citizen fiancé(e)  cannot obtain permanent residency through adjustment of status by marrying a U.S. citizen other than the U.S. citizen fiancé(e) petitioner.

K-2 Child of a K-1

The minor children of a K-1 visa holder are eligible to receive K-2 visas to accompany the K-1 parent.

 K-3 Spouse of a U.s. Citizen Awaiting Immigrant Visa Availability

The K-3 visa allows the alien spouse of a U.S. citizen to be admitted to the United States as non-immigrants while they are awaiting the adjudication of a Form I-130 Petition for Alien Relative. It also allows them to obtain employment authorization while they are waiting.

 K-4 Child of a K-3

Eligible children of K-3 visa holders may receive K-4 visas.