K-1, K-2, K-3, K-4 Visa Attorney
Fiancés of U.S. Citizens, K-1 Visas
The K-1 visa is for persons coming to the United States to marry American citizens — fiancés — and reside here. A person who is already married to a U.S. citizen may apply for permanent residence through marriage, but may not apply for a fiancé (e) visa.
To establish eligibility for K-1 visa classification for an alien fiancé (e), an American citizen must file a well-documented petition, with the USCIS abroad. Eventually, the approved petition will be forwarded by the USCIS to the American Consular office where the alien fiancé will have an interview for a fiancé visa.
Since a fiancé (e) visa applicant is an intending immigrant, he or she must meet most of the same documentary requirements of an immigrant visa applicant.
Both the U.S. citizen and the beneficiary must be legally able and willing to conclude a valid marriage in the United States. The petitioner and beneficiary must have previously met in person within the past two years unless the Attorney General waives that requirement. As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the fiancé (e). If found eligible, a visa will be issued, valid for one entry during a period of six months.
The marriage must take place within 90 days of admission into the United States. Following the marriage, the alien spouse must immediately apply to the USCIS for a conditional, two-year green card. Before the end of the two years, within the last 90 days, the arriving spouse must apply to USCIS for the permanent green card.
The unmarried, minor children under 21 of a K-1 beneficiary derive “K-2″ nonimmigrant visa status from the parent so long as the children are named in the petition. A separate petition is not required if the children accompany or follow the alien fiancé (e) within one year from the date of issuance of the K-1 visa. Thereafter, a separate immigrant visa petition is required.
K-3, K-4 Visas, For Spouses, Minor Children
To be eligible for a K-3 nonimmigrant visa, an individual must: be married to a U.S. citizen, have an approved Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf. A child may be eligible for a K-4 visa if he or she is unmarried, under 21, and the child of a qualified K-3 nonimmigrant visa applicant.
To obtain a K-3 nonimmigrant visa for your spouse, you the U.S. citizen Petitioner must file two petitions with USCIS on his or her behalf, Form I-130 and then Form I-129F, Petition for Alien Fiancé (e).
If approved, USCIS will forward the I-129F to the U.S. Department of State for consular processing.
Then the non-citizen spouse and any minor children (K-4) will then need to apply to the U.S. Department of State for the K-3 or K-4 nonimmigrant visa. Call Alex Barak at (954) 961-6200 for a Free Telephone Consultation.
Once admitted to the United States, K-3 non-immigrants may apply to adjust status to a permanent resident at any time. Upon admission to the United States, K-4 non-immigrants, the minor children, may also file an application for adjustment of status concurrently with the parent.
Upon admission, K-3 and K-4 non-immigrant visa holders may file an application for adjustment of status, including filing for a work permit
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