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Fiancee/Fiance Visas

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K visa types are created for U.S. citizens and their foreign fiancés and fiancées. The purpose of the visas is to unite the loved ones and so they can live together in the United States. There are commonly four types of K visas: K-1 and K-2 for U.S. citizen’s foreign fiancés and fiancées and their children. K-3 and K-4 for U.S. citizens’ foreign spouses and children. K-1 allows the U.S. citizen’s fiancée or fiancé to enter the U.S. so they can get married. K-3 allows U.S. citizen’s foreign wife to enter and live in the U.S. with U.S. citizen spouse.
Basic Requirement for K-1 and K-2 Visas
        Followings are only some of the basic information required for applying for K-1 and K-2 Visas. Depending on your unique situation, there can be substantial proof, documents, evidence required for establishing relationships, parenthood, divorce / marriage, and intent. (K-1 Key Factors)

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K-1 Visa Requirements of the U.S. Citizen:
  • Proof of citizenship. Note: Permanent resident not eligible.
  • 90-Day Rule: Intend to marry and/or marry within 90 days after entering the U.S., otherwise foreign fiancé/fiancée would be “out of status.”
  • Proof of right to marry. Divorce decree, proof of annulment of marriage, proof of age, etc.
  • Meeting requirement. The U.S. citizen must show proof that he or she has met their fiancé/fiancée once within two years. (unless the exceptions apply)
  • Proof of financial support. U.S. citizen petitioner must show ability to support fiancé/fiancée and/or children financially.
  • The U.S. citizen must submit a copy of criminal record if he or she has been convicted of any criminal misconduct.

Requirements of the Alien Fiancé/Fiancée:
  • Fiancé/fiancée must be physically outside of United States to qualify for K-1.
  • Proof of right to marry.
  • Meeting requirement, unless one of the exceptions apply.
  • Free of past U.S. immigration violation. Foreign fiance/fiancee should be free of any past U.S. immigration law violation. (if such violation, then the process may be affected, but not a per se denial).

Qualifications for the Child/Children of an Alien Fiancé/Fiancée:
  • Biological child of K-1 holder. If not, conditions may apply.
  • Unmarried child under 21 years of age.
  • Free of past U.S. immigration violation. Foreign fiancé/fiancée should be free of any past U.S. immigration law violation. (if such violation, then the process may be affected, but not a per se denial)
  • "Age out" situation could happen when applying for green card, but certain exceptions may apply. For more visit: Family Member of Permanent Resident.
For Information about K-3 and K-4, please visit: K-3; K-4

How we can help you
        We focus our practice on immigration law. If you would like to unite with you loved ones or have any question regarding K-Visas or any other immigration related matters, please feel free to contact us via phone or email. We look forward to speaking with you. Contact Us

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