Bringing your Fiancée or Spouse to the United States
United States citizens may petition to bring a foreign national spouse or fiancee to the United States under the K visa category. Children also may accompany the foreign national to the United States under this category.
A K-1 visa is a nonimmigrant visa benefiting fiancées of U.S. citizen petitioners. It permits the foreign national fiancée of a U.S. citizen to enter the United States for a ninety (90) day period to conclude a marriage with the U.S. citizen petitioner. The marriage must take place within the ninety (90) day period after entry. After the marriage occurs, an application for permanent residence can be made for the foreign national.
The petitioner of the K-1 petition must be a U.S. citizen. The parties must have met in person within the two (2) year period prior to filing the petition; however, a waiver of this requirement may be granted in certain cases. The parties also must provide proof that they have a bona fide intention to marry within ninety (90) days of the fiancée’s entry into the United States and that there are no legal impediments to marriage.
Unmarried children of the K-1 beneficiary may accompany the K-1 beneficiary to the United States on a K-2 visa. Children in K-2 visa status may attend school and, after the marriage of the K-1 parent to the U.S. citizen petitioner, may apply for employment authorization.
A K-3 visa is a nonimmigrant visa benefiting foreign-citizen spouses of U.S. citizens. The K-3 visa permits the spouse of a U.S. citizen who has filed an I-130 Petition to enter the United States to await approval of the petition. Proof of the filing of the I-130 Petition must be included with the K-3 visa petition. Unmarried children of the K-3 beneficiary may accompany the K-3 beneficiary to the United States on a K-4 visa.