Two groups of people qualify to receive K visas:

1. U.S. citizens' fiancés who are outside the U.S. may be issued K-1 visas. The minor children of these fiancés who will accompany them to the U.S. are eligible to receive a K-2 visa.

2. U.S. citizens' spouses who are outside the U.S. may be issued K-3 visas. The minor children of these spouses who will accompany them to the U.S. are eligible to receive a "K-4" visa.

The purpose of the K-1 visa is to allow the alien fiancé who lives outside the U.S. to travel into the U.S. to marry the citizen fiancé.

The purpose of the K-3 visa is to promote family reunion and serves as a temporary remedy for the long delayed family based immigration petition process. It allows the alien spouse to stay in the U.S. while waiting for the result of the pending immigration petition. The alien spouse may obtain work authorization from the CIS during the waiting period.

The requirements for a K visa:

1. Fiancés of U.S. citizens (K-1):
   1. The U.S. citizen must first file an I-129F petition with the US Citizenship and Immigration Services (CIS). Once the petition is approved, the alien fiancé may apply for a K visa at the American Consulate abroad.

   2. Both the U.S. citizen and the fiancé must remain unmarried until the arrival of the alien fiancé in the U.S.

   3. The alien fiancé and U.S. citizen must have met personally at least once in the two years before the I-129F petition was filed.

2. Spouses of U.S. citizens (K-3):
   1. The alien spouse must be outside the U.S.

   2. An immigration petitions for the benefit of the spouse must have been filed before the I-129F (K visa petition) is filed;

   3. The U.S. citizen spouse must file an I-129F petition (K visa petition) with the (CIS) and have it approved;

   4. If marriage occurs outside the U.S., the K visa must be issued by the U.S. consulate in the country where the marriage occurred.

3. Children of U.S. citizens' fiancés (K-2) and Children of U.S. citizens' spouses (K-4)
   1. The child must be outside the U.S. and will accompany K-1/K-3 visa applicant or holder to come to the U.S.

   2. The child must be unmarried and under 21 years old;

K Visa restrictions

The law does not allow non-immigrant aliens to change to "K" status while they are in the U.S. It is solely available to those outside the U.S. for the purpose of family reunification with the U.S. citizens and/or lawful permanent residents.

K visa/status holders may not change to any other non-immigrant status while they are in the U.S. Furthermore, the K visa holder may only "Adjust" status to permanent residence based on an immigrant petition filed by the original fiancé or spouse who sponsored the K visa holder.

If a person is temporarily barred from entering into the U.S. for previous violation of U.S. immigration law, s/he cannot use the K visa to enter into the U.S. The amended 245(i) does not benefit K visa/status holders either.

Application Procedure for a K Visa

Fiancés of U.S. citizens (K-1) must follow these steps:

1. The U.S. citizen must file an I-129F petition with the CIS;

2. Once the I-129F is approved, the CIS will notify the American Consulate abroad specified on the petition

3. The alien fiancé submits form DS-156 non-immigrant visa application with a completed I-693 medical examination form and other requested documents to the U.S. consulate for the issuance of the K visa. Normally, an interview will be conducted at the U.S. consulate before the K visa is issued.

Spouse's of U.S. citizens (K-3) must follow these steps:

1. The U.S. citizen must have filed I-130 immigration petition with the CIS on behalf of his/her alien spouse

2. The U.S. citizen must file an I-129F petition with the CIS;

3. Once the I-129F is approved, the CIS will notify the American Consulate abroad specified on the petition.

4. The alien spouse submits an DS-156 non-immigrant visa application with a completed I-693 medical examination form and other requested documents to the U.S. consulate for the issuance of the K visa. Normally, an interview will be conducted at the U.S. consulate before the K visa is issued.