Protecting The Rights Of Immigrants Nationwide

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.

K-1 Visa:

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 fiancé 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 U.S. citizen petitioner.

2. The U.S. citizen 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 U.S. Consulate in the fiancé’s home country. The U.S. Consulate overseas will mail the fiancé an interview letter. At this time, the K-1 visa applicant may apply for K-2 visas for his/her eligible children.

*Note: The K-1 Approval Notice is valid for four (4) months. This means that the foreign fiancé must complete the second stage of the K-1 process, the document gathering and submission and interview at the U.S. Consulate abroad, within that time. It is possible to request an extension of the validity of the approval notice for another four (4) months upon a showing that both the U.S. citizen and foreign fiancé are still free to marry and intend to marry one another within 90 days of the foreign fiancé’s entry into the United States.*

4. Prior to the interview, the foreign 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. Please review the website of the specific U.S. Consulate where the interview will be held as each Consulate may have different requirements.

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 United States.

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 categories, please contact our office today at (408) 560-4622.

Trusted & Highly Recommended

See What Our Clients Have to Say 
  • “My green card process was smooth. Thank you Verma for all the help you provide during the process.”

    - Chacha
  • “They were always available through phone and responded to my emails quickly.”

    - Madhuri B.
  • “The staff at Verma Law firm were prompt and helped with all the documentation needed for my mom's immigrant visa application.”

    - Upendra
  • AILA
  • Avvo
  • Avvo
  • Fees

    All other consultation fees will be credited towards legal fees if retained as counsel for immigration cases.

  • Free Consultations

    Free consultations are available for citizens/permanent residents sponsoring their spouse's green card and citizens sponsoring green cards for parents.

  • Customer Service

    With us, you will get client-focused, personalized service. You are not just another case to us.

  • Payment Plans

    We charge a flat fee for all cases, and offer a payment plan to those who need it.

  • Convenient Location

    We are conveniently located in Silicon Valley and serve clients nationwide.

  • Experience

    Our lead attorney not only has over 18 years of experience, but is also an immigrant himself.

Contact Verma Law Firm Today

Serving Clients Throughout Silicon Valley & Around The World
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.