K-Visa Application in San Jose
Knowledgeable Family-Based Immigration Attorney
The K-visa categories were created to speed up the immigration process
for alien fiancés of U.S. citizens and their accompanying minor
children (K-1 and K-2 visas) so that they could travel more quickly to
the U.S. to marry the U.S. citizen. K-visa categories are also used to
permit alien spouses of U.S. citizens and their minor children to be admitted
to the U.S. as nonimmigrant (K-3 and K-4 visas) while they are awaiting
the adjudication of Form I-130 Petition for Alien Relative.
Categories of K-Visas
The K-1 nonimmigrant visa is for the foreign fiancé of a United
States citizen. The requirements and procedures to file for a K-1 visa
are set out below:
1. Must file Form I-129F, Petition for Alien Fiancé with USCIS in
the United States. At the time of the application, both the foreign fiancé
and the U.S. citizen spouse must be legally free to marry. The sole intent
of the fiancé should be to enter the US to conclude a valid marriage
with the US petitioner.
2. The U.S. sponsor and the foreign fiancé must have met at least
once in the past two years. USCIS may make an exception to this requirement
if the couple can prove that there was a financial hardship for the U.S.
citizen and fiancé to meet or if it is against the individual's
culture for a man and woman to meet.
3. After you file the petition, USCIS will adjudicate the K-1 application
and forward the K-1 application to the US Consulate in the fiancé’s
home country. The US Consulate overseas will mail the fiancé an
interview letter. At this time, the K-1 visa may apply for K-2 visas for
his/her eligible children.
4. Prior to the interview, the fiancé will need to file Form DS-160
and take the following documents to the interview: passport, divorce certificate
(if applicable), police certificate, medical examination, evidence of
financial support from oneself or U.S. citizen, and evidence of relationship
such as photos of the couple, letters, etc.
Once the foreign fiancé obtains the K-1 visa, he or she may enter
the United States. Within 90 days of entering the United States, the foreign
fiancé must marry the U.S. citizen. Moreover, the fiancé
status automatically expires after 90 days. Immediately after the marriage,
the foreign citizen will apply for a green card with the USCIS within
For information in regard to obtaining a green card through marriage see
Marriage Green Cards.
If you or your loved ones have questions or need assistance with the K-visa
contact our office today at (408) 560-4622.