K Visa

I. Brief Introduction about K-1, K-2, K-3, and K-4 Visa

K-1 Visa

The K-1 nonimmigrant visa is also known as a fiancé(e) visa.

A foreign-citizen fiancé(e) of a U.S. citizen under U.S. immigration law is the recipient of an approved Petition for Alien Fiancé(e), Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé(e). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place. In general, the foreign-citizen fiancé(e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé(e), or, for example, if it is contrary in the U.S. citizen sponsor’s or foreign-citizen fiancé(e)’s culture for a man and woman to meet before marriage.

In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit. If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).

However, if you have already married, plan to marry outside the United States, or your fiancé(e) is already residing legally in the United States, your spouse or fiancé(e) is not eligible for a fiancé(e) visa.
K-2 Visa

If your fiancé(e) has a child who is under 21 and unmarried, the child may be eligible to come to the United States on a K-2 nonimmigrant visa.

You must include the names of your fiancé(e)’s children on the Form I-129, if you wish to bring them to the United States. The children must continue to be unmarried and under 21 in order to be admitted to the United States as K-2 nonimmigrants. They may travel with your fiancé(e) or later, but they cannot travel to the U.S. before your fiancé(e). If you and your fiancé(e) married within 90 days of your fiancé(e)’s admission into the U.S., your fiancé(e)’s children who were admitted as K-2 nonimmigrants may also apply for a Green Card by filing Form I-485 with USCIS.

However, K-2 nonimmigrant children must remain unmarried in order to be eligible for a Green Card. The K-2 nonimmigrant children should apply for a Green Card at the same time or after your fiancé(e).
K-3 Visa

The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen.

A spouse is a legally wedded husband or wife. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. Same-sex spouses of U.S. citizens and Lawful Permanent Residents, along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses.

Under the Legal Immigration Family Equity Act (LIFE Act) and its amendments, the K-3 visa allows the spouse of a U.S. citizen to enter, live and work in the U.S. as nonimmigrants while they are awaiting approval of their Lawful Permanent Resident status. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have an immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa.

It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place.

K-3 visas allow their recipients to stay in the United States while immigrant visa petitions are pending approval by USCIS.
K-4 Visa

Eligible children of K-3 visa applicants receive K-4 visas.

Under the Legal Immigration Family Equity Act (LIFE Act) and its amendments, the K-4 visa allows the unmarried children (below the age of 21 years old) of a U.S. citizen to enter, live and work in the U.S. as nonimmigrants while they are awaiting approval of their Lawful Permanent Resident status.

K-4 visas allow their recipients to stay in the United States while immigrant visa petitions are pending approval by USCIS.

II. Procedures for applying for a K-1 Visa:

  • Step 1: Filing the Petitions with USCIS
    • (1)The U.S. Citizen fiancé (e) (Sponsor) must file Form I-129F for foreign-citizen fiancé (e) and your fiancé(e)’s children (if applicable)
    • (2) After USCIS approves the petition, it will be sent to National Visa Center for processing and National Visa Center will provide U.S. Citizen fiancé (e) (Sponsor) with a case number
    • (3) National Visa Center will send U.S. Citizen fiancé (e) (Sponsor) a letter when it sends the case to U.S. Embassy or Consulate
  • Step 2: Apply for a K Visa at the Consulate
    • (1) The U.S. Embassy or Consulate will process the visa application and the foreign-citizen spouse will will be required to take necessary documetns for K-1 visa interview
    • (2) If foeign citizen fiancé(e) has children, separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee. 

III. Procedures for applying for a K-3 Visa:

  • Step 1: Filing the Petitions with USCIS
    • (1) The U.S. Citizen Spouse (Sponsor) must file Form I-130 with USCIS (2)
    • (2) The U.S. Citizen Spouse (Sponsor) must then file Form I-129F for foreign-citizen spouse and stepchildren (if applicable)
    • (3) After USCIS approves the petitions, they will be sent to National Visa Center for processing
    • (4)If National Visa Center receives the approved I-129F before it receives the i-130 petition, it will send the approved I-129F petition to the U.S. Embassy or Consulate
  • Step 2: Apply for a K Visa at the Consulate
    • (1) The U.S. Embassy or Consulate will process the visa application and the foreign-citizen spouse will be required to take necessary documetns for K-3 visa interview
    • (2) If foeign citizen spouse has children, separate visa applications must be submitted for each K-4 visa applicant, and each applicant must pay the K visa application fee.

IV. Documents Required for applying a K-1 Visa at the U.S. Consulate:

  1. Form DS-160 Confirmation Page
  2. Valid Passport: Applicant’s passport must be valid for at least six months beyond his/her period of stay in the U.S.
  3. Application fee payment receipt
  4. TWO 2×2 Photo – Applicant will be required upload photo while completing the online Form DS-160; if uploading photo failed, Applicant will be required submit one printed photo to the U.S. embassy or consulate during the interview.
    • Applicant’s photos or digital images must be:
      • In color
      • Sized such that the head is between 1 inch and 1 3/8 inches (22 mm and 35 mm) or 50% and 69% of the image’s total height from the bottom of the chin to the top of the head.
      • Taken within the last 6 months to reflect your current appearance
      • Taken in front of a plain white or off-white background
      • Taken in full-face view directly facing the camera
      • With a neutral facial expression and both eyes open
      • Taken in clothing that you normally wear on a daily basis
      • Uniforms should not be worn in your photo, except religious clothing that is worn daily.
      • Do not wear a hat or head covering that obscures the hair or hairline, unless worn daily for a religious purpose. Your full face must be visible, and the head covering must not cast any shadows on your face.
      • Headphones, wireless hands-free devices, or similar items are not acceptable in your photo.
      • Eyeglasses are no longer allowed in new visa photos, except in rare circumstances when eyeglasses cannot be removed for medical reasons; e.g., the applicant has recently had ocular surgery and the eyeglasses are necessary to protect the applicant’s eyes. A medical statement signed by a medical professional/health practitioner must be provided in these cases. If the eyeglasses are accepted for medical reasons:
        • The frames of the eyeglasses must not cover the eye(s).
        • There must not be glare on eyeglasses that obscures the eye(s).
        • There must not be shadows or refraction from the eyeglasses that obscures the eye(s).
      • If you normally wear a hearing device or similar articles, they may be worn in your photo.
  5. Birth Certificate;
  6. Divorce or Death Certificate of any previous spouse(s) for both you and the U.S. citizen sponsor
  7. Police Certificate from your present country of residence and all countries where you have lived for six months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)
  8. Medical Examination;
  9. Evidence of financial support (Form I-134, Affidavit of Support may be requested);
  10. Evidence of relationship between U.S. citizen fiancé(e) and foreign citizen fiancé(e).

V. Documents Required for applying a K-3 Visa at the U.S. Consulate:

  1. Form DS-160 Confirmation Page
  2. Valid Passport: Applicant’s passport must be valid for at least six months beyond his/her period of stay in the U.S.
  3. Application fee payment receipt
  4. TWO 2×2 Photo – Applicant will be required upload photo while completing the online Form DS-160; if uploading photo failed, Applicant will be required submit one printed photo to the U.S. embassy or consulate during the interview.
    • Applicant’s photos or digital images must be:
      • In color
      • Sized such that the head is between 1 inch and 1 3/8 inches (22 mm and 35 mm) or 50% and 69% of the image’s total height from the bottom of the chin to the top of the head.
      • Taken within the last 6 months to reflect your current appearance
      • Taken in front of a plain white or off-white background
      • Taken in full-face view directly facing the camera
      • With a neutral facial expression and both eyes open
      • Taken in clothing that you normally wear on a daily basis
      • Uniforms should not be worn in your photo, except religious clothing that is worn daily.
      • Do not wear a hat or head covering that obscures the hair or hairline, unless worn daily for a religious purpose. Your full face must be visible, and the head covering must not cast any shadows on your face.
      • Headphones, wireless hands-free devices, or similar items are not acceptable in your photo.
      • Eyeglasses are no longer allowed in new visa photos, except in rare circumstances when eyeglasses cannot be removed for medical reasons; e.g., the applicant has recently had ocular surgery and the eyeglasses are necessary to protect the applicant’s eyes. A medical statement signed by a medical professional/health practitioner must be provided in these cases. If the eyeglasses are accepted for medical reasons:
        • The frames of the eyeglasses must not cover the eye(s).
        • There must not be glare on eyeglasses that obscures the eye(s).
        • There must not be shadows or refraction from the eyeglasses that obscures the eye(s).
      • If you normally wear a hearing device or similar articles, they may be worn in your photo.
  5. Civil Documents, including:
    • Birth Certificate;
    • Marriage Certificate;
    • Divorce or Death Certificate of any previous spouse(s);
    • Police Certificate from your present country of residence and all countries where you have lived for six months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)
  6. Medical Examination;
  7. Evidence of financial support (Form I-134, Affidavit of Support may be requested);
  8. Evidence of relationship between U.S. citizen fiancé(e) and foreign citizen fiancé(e).

VII. Additional Notes

  • The consular officer may ask for additional information, such as photographs and other proof that the relationship with your U.S. citizen fiancé(e) is genuine.
  • Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview clear, legible photocopies of civil documents and translations, such as birth and divorce certificates. Original documents and translations will be returned.