K visas allow for foreign national spouses and fiancés of US citizens, and their dependents, to enter the United States on a nonimmigrant visa.
Typically, foreign nationals spouses of US citizens are eligible for lawful permanent residence (or green cards). Their dependents are eligible for green cards as well. The K visa allows foreign nationals to enter the United States before they have a green card. This may be because:
- They are not yet married and so they do not qualify for a green card, or
- They are married, but their green card has not yet been approved
Fiancés: K-1 & K-2 Visas
A K-1 visa allows United States Citizens to apply for their fiancés who are currently residing in another country.
It is important to remember that the marriage must occur within 90 days after the foreign national is admitted to the US on a K-1 visa.
The foreign national should apply for adjustment of status to a green card as soon as they are married.
K-1 fiancés are eligible to bring their minor dependents to the United States as well on a nonimmigrant K-2 visa. The dependents’ eligibility is based on their K-1 parent.
Spouses Abroad: K-3 & K-4 Visas
If a foreign national is married to a US citizen and they reside abroad, they are likely eligible for the nonimmigrant K-3 visa.
Once they enter the United States, a K-3 visa holder can apply for adjustment of status to a green card.
The K-4 visa similarly allows children of the foreign spouse to enter the US and apply for a green card once they have arrived.
Spouses and dependents in this category must apply for their K-3 and -4 visas in the country where the marriage occurred. If they were married in the United States, the foreign national spouse should apply in their country of current residence.
K-3 and K-4 visa holders may apply for extensions on their K visas while they wait for their green card applications to be approved. Extensions are available for two years at a time.
For more information on sponsoring your foreign national partner and/or dependents, please contact us at email@example.com.
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