Fiance visas, also known as K-visas, are visas specifically for world citizens who desire to marry a U.S. citizen. The visa can also extend to the children of that foreign national, allowing them entry to the United States. There are three variables of a K-visa, and the United States citizen within the relationship must be the one who applies for the visa application.
The three different fiance visas or K-visas, K-1, K-2, and K-3, all hold and require different variables. A K-1 visa, usually the most common, allows the foreign citizen to live in the U.S. temporarily, as they are planning to get married. A K-2 visa revolves around the children of the foreign citizen. This visa allows the children to come along with their parents to the U.S. while they are getting married. Finally, a K-3 visa can be acquired after a world citizen has married a U.S. citizen.
Types of Fiance Visas
All of these visas require a specific, and in-depth filing process. It is greatly advised to work with an immigration attorney who can take you through the process step-by-step. The immigration attorneys at the Law Offices of Kermit A. Monge, PLLC, hold much experience and strive to provide the best possible solution during your visa process.
A K-1 visa allows the foreign citizen to enter the United States before they have legally married the petitioning U.S. citizen. This visa allows them to come within six months of receiving it, while also having to marry the U.S. citizen who applied for the visa within 90 days. If something were to happen and the marriage never happened, the foreign citizen will have to return to their home country. Even if they decide to marry a different U.S. citizen, they still would have to return to their home country and restart the visa process.
In order to obtain the K-1 visa, the couple must prove that they have known each other for over two years. While religious and/or cultural norms may have stopped them from physically meeting, there still must be proof of the relationship. The couple must also prove that both parties are able to marry. This means both must be of legal age, and neither can have any complications with past marriages. Paperwork may be asked to be shown for certain circumstances to ensure truthfulness.
K-2 visas are visas that revolve around the children of the foreign citizens. These visas allow children to accompany their parents to the U.S., to experience the wedding as well as keep the family together. These visas are given to children under 20 years of age, and they must be unmarried. The children also have the opportunity to be adopted by the U.S. citizen party of the relationship.
When applying for a K-2 visa, there are certain requirements that must be met. The parent of the child must show proof of a relationship between the child and them, whether it be a birth certificate or adoption papers. They must also prove that all the child’s needs will be met and that moving them to a new country will only aid them, not hinder them. Once children have moved to the U.S., they become eligible to apply for a green card.
A K-3 visa is available to non-U.S. citizens after they have married a U.S. citizen. The application for the visa must be filed by the U.S. citizen. Any children who would be accompanying the couple to the U.S. would be given K-4 visas if the proper visa process were to be completed. A K-4 visa allows the children to stay in the country as if they were citizens.
A K-3 visa holds many benefits for its applicants. The overall process is much shorter than the other K-visa options, as the couple has already been married. K-3 visas allow the holders to be eligible for jobs in the U.S. as well as the possibility of a social security number. Those who hold a K-3 visa are eligible to apply for a green card after just two years, and can ultimately become a citizen.
Contact The Law Offices of Kermit A. Monge, PLLC
When you’re navigating through the process of a K-visa, don’t do it alone. The specific process and necessary details can be confusing, but not when you work with an immigration attorney. The immigration attorneys at the Law Offices of Kermit A. Monge, PLLC, are here to assist you through this process. Our team holds lengthy experience and works to provide the best possible visa process experience. If you’re seeking legal advice on the K-visa process, you can contact us by calling 703.273.5500 or requesting a consultation online.