The K visas are nonimmigrant (temporary) visas for the foreign fiancé(e) or spouse of U.S. citizens to enter the United States to wait for the issuance of their green card. The unmarried minor (under 21 years old) children of the foreign fiancé(e) or foreign spouse are also included in the K visas. The K visa holders can work freely in the United States with an approved employment authorization document (EAD).
Table of Contents
There are four main sub-categories under the K visas:
- K1 Visa (Fiancé (e)): Person who is the fiancé(e) of a U.S. citizen and the couple intends on getting married within 90 days of the foreign fiancé(e) entering the United States.
- K2 Visa (Dependent Children of Foreign Fiancé (e)): Person who is an unmarried minor child (under 21 years old) of the K1 foreign fiancé(e).
- K3 Visa (Foreign Spouse): Person who married a U.S. citizen overseas.
- K4 Visa (Dependent Children of Foreign Spouse): Person who is an unmarried child (under 21 years old) of the K3 foreign spouse. If the person is a step-child of the U.S. citizen, the foreign child must have been under 18 years old when the couple got married.
The K visas are only reserved for the foreign significant others (and the dependent children of those foreign significant others) of U.S. citizens. There are no similar nonimmigrant visas to the K visas for the foreign significant others (or their dependent children) of green card holders.
Special Characteristics of K1 Visa (and K2 Visa)
For K1 foreign fiancé(e)’s and their K2 dependent children (unmarried and under 21 years old), there is a prerequisite that the couple must have met each other in person for at least one time within the 2-years before filing the K1 visa petition and that after the K1 visa is approved the K1 foreign fiancé(e) must get married to the sponsoring U.S. citizen within 90 days of entering the United States.
After the marriage of the K1 foreign fiancé(e) and the U.S. citizen, the K1 foreign fiancé(e) must then file an adjustment of status (Form I-485) to obtain their 2-year conditional green card. Then around the 2-year mark of obtaining the conditional green card, the couple must then file a removal of conditions petition (Form I-765) together for the conditional green card to change into a regular green card.
Please note that the K1 and K2 visa cannot be extended (renewed) and a K1 or K2 visa holder cannot change into another nonimmigrant visa status.
Special Characteristics of K3 Visa (and K4 Visa)
For K3 foreign spouses and their K4 dependent children (unmarried and under 21 years old), there is a prerequisite that the K3 foreign spouse must already have a pending marriage-based green card petition (Form I-130) filed with the USCIS. The K3 foreign spouse will be interviewed at the U.S. consulate or embassy in the country where the couple got married or in the foreign spouse’s home country if the couple got married in the United States.
Each K4 visa child must be sponsored by the U.S. citizen with their own family-based green card petition (Form I-130) to adjust their status to a green card holder. If the person is a step-child of the U.S. citizen, the foreign child must have been under 18 years old when the couple got married.
Work Authorization (EAD)
After entering the United States, the foreign fiancé(e) or foreign spouse (and their dependent children) can immediately file for work authorization (EAD, Form I-765).
The K visas are temporary nonimmigrant visas for U.S. citizens to sponsor their foreign fiancé(e) or foreign spouse (and the dependent children of the foreign fiancé(e) or foreign spouse) to enter the United States to wait for their green card.
If you have a marriage-based visa (foreign spouse or fiancé(e) of U.S. citizens) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
Kylie Huang Law’s immigration attorney will help identify what type of marriage-based visa the client is qualified for and whether there are other visa options available to the client. We will work closely with our clients to prepare their marriage-based visa petition and we will also strategize on how the marriage-based visa petition should be presented in the filings and in the interview to achieve the best chances of approval. It is advised and common practice to retain an immigration attorney for certain unusual marriage-based visa petitions due to the complexities in the immigration process and visa requirements.
What does the typical process look like to retain (hire) us?
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- Fill out the form (with some basic information on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment online
- Attend scheduled appointment (typically a phone call or zoom meeting)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Step 5:
- a.
- b.
- c.
- Step 6:
- Step 7:
- Step 8:
- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
- Step 1:
- Step 2:
- Step 3:
- Step 4:
- Step 5:
- a.
- b.
- c.
- Step 6:
- Step 7:
- Step 8:
- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming content of documents that will be submitted
- Filing the case
- Following up on the case status
- Close the case when a final determination is issued
RELATED ARTICLES
- K1 Visa (Fiancé & Fiancée)
- K1 Visa Checklist (Fiancé & Fiancée)
- K3 Visa (Foreign Spouse)
- K3 Visa Checklist (Foreign Spouse)
- Marriage Based Green Card (IR1 / CR1 / F2A)
- Spouse of Deceased U.S. Citizen (EB4)
- Immediate Relative of U.S. Citizen (IR)
- Married Children (F3) & Unmarried Children Over Age 21of U.S. Citizen (F1)
- Parents of U.S. Citizen (IR5)
- Spouse of U.S. Citizen Green Card Checklist (IR1 / CR1)
- Widow(er) of U.S. Citizen Green Card Checklist (EB4)
- Children of U.S. Citizen Green Card Checklist (IR2 / F1 / F3)
- Sibling of U.S. Citizen Green Card Checklist (F-4)
- Parents of U.S. Citizen Green Card Checklist (IR5)
- Family Members of Green Card Holders (F2A / F2B)
- Brother and Sister of U.S. Citizen (F4)
- Spouse of Green Card Holders Checklist (F2A)
- Children of Green Card Holders Checklist (F2A / F2B)