IMMIGRANT VISAS

K-Visas - Spouse, Fiancé (e) and Child(ren) of U. S. citizens

There are four types of "K" visas:

K1 - fiancé (e) of an U.S. Citizen

K2 - Child(ren) of K-1 visa applicants

K3/K4 - Spouse and Child(ren) of an U.S. Citizen

The K3 and K4 visas were created by the Legal Immigration and Family Equity Act (the "LIFE Act"), which was signed into law on December 21, 2000.

K1 Visa - Fiancé (e) of an American Citizen

If you are an U.S. citizen and you want your foreign fiancé (e) to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiancé (e) in the United States.

You must file the Petition for Alien Fiancé (e), Form I-129F, with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad.

After the USCIS approves the petition, it sends the petition to National Visa Center for processing, which then sends it to the embassy or consulate where your fiancé (e) will apply for a K-1 nonimmigrant visa.

K2 Visa - Child of the Fiancé (e) of a U.S. Citizen

The child of a fiancé (e) may receive a derivative K-2 visa from his/her parent's fiancé (e) petition. The U.S. citizen petitioner must make sure that he/she names the child in the I-129F petition. Documentary requirements for a K2 visa are similar to those for a K1 visa.

K3/K4 Visa for the Spouse/Minor child of a U.S. Citizen

Spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas (K-3 and K-4) and complete the immigration process in the United States. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.

The spouse of an U.S. citizen applying for a nonimmigrant visa (K-3 applicant) must have an immigrant visa petition filed on his/her behalf by the U.S. citizen spouse.

Click here for additional information on K visas.