K Visas

K1 Fiancé(e) Visa

This visa allows fiancées of U.S. citizens to come to the United States for the purposes of marrying the U.S. citizen. To apply for a K1 fiance(e) visa, the U.S. citizen fiancé(e) must initial a filing in the U.S. on behalf of the foreign fiancé(e). The initial filing packet will be adjudicated by the government agency in the U.S. and if approval is granted the K1 application will be forwarded to another government agency and the overseas consulate post where the foreign fiancé(e) resides. A fiancé(e) visa interview will be taken place during this stage of the process. The general purpose of the K1 interview is to ascertained that the purported fiancé(e) relationship is genuine and other burden of proof are satisfied.

Once the K1 visa is approved, the K1 visa holder has generally six months to enter the U.S. before expiration of the visa. Upon entering the U.S. on the K1 fiance(e) visa, the K1 visa holder must marry the U.S. citizen fiancé(e) within 90 days and thereafter process the legal permanent residency (‘Green card”) through the adjustment of status process.

K1 Fiancé(e) Visa – General Requirements

  1. United States Citizen Sponsor.
  2. Both the K1 Visa Applicant and the US Citizen Sponsor must be unmarried whereby all prior marriages have been terminated through death, divorce, or annulment.
  3. The US Citizen Sponsor and the fiancé(e) Visa Applicant must have met in person within the last two years, unless meeting would create an extreme hardship or other exceptions apply.
  4. The K1 Visa Holder’s unmarried children under the age of 21 may apply for a K2 Visa.

Obtaining K1 Visas and ultimately a Green Card requires appropriate counsel and application to avoid the numerous potential pitfalls created by the detailed rules and restrictions surround K Visas and Green Cards. Make sure you consult with Cipolla Law Group before applying for you K Visa.

K3 Fiancé(e) Visa

In the past, K3 Visa (K4 Visa for Applicant’s children unmarried and under the age of 21) were Marriage Visas with faster processing times than Immigrant Visas. K3 visas were discontinued in February 2010. The purpose of the K3 visa was to have a quicker processing time than an Immigrant Visa so that the K3 visa holder could await processing of the Green Card Application within the United States. As of April 2011, K3 visas are discontinued and Immigrant Visas are the only option for overseas spouse Applicants.

K1 & K3 fiancé(e) visas are an extremely complex and detailed area of immigration law. If you are considering marriage with a foreign residence fiancé(e), contact Cipolla Law Group for a consultation.