- You (the petitioner) are a U.S. citizen.
- You intend to marry within 90 days of your fiancé(e) entering the United States.
- You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
- You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver.
Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application.
Derivative Beneficiaries of K-1 Visa
K-2 Visa- Children of Fiancé(e)s
Immigration law allows the alien spouse of a U.S. citizen and his or her minor children to be admitted to the United States as nonimmigrants 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-3 nonimmigrant visa requires that the applicant:
- Be married to a U.S. citizen
- Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf
A child may be eligible for a K-4 visa if:
- He or she is unmarried, under 21, and the child of a qualified K-3 nonimmigrant visa applicant
Consult one of our immigration attorneys to help with any or all of these visa processes and how we can help you. Schedule a consultation online or call us at 612-746-0360.