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, also known as a fiancé visa allows a foreign fiancé of a United States citizen to lawfully enter the United States. the K-1 visa allows foreign national fiancés of U.S. citizens to enter the U.S. for 90 days in order to complete a marriage ceremony. To become a green card holder after coming to the U.S. on a K-1 Visa you must apply for an adjustment of status.

Eligibility for K-1 Visa

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.

What is the Difference Between a K-1 Visa and a K-3 Visa?

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.