The K-1 Fiancee / Fiance Visa or the K-3 Spouse Visa are temporary US visa options for a fiance(e) or spouse of a US citizen. Once issued, a K-1 Fiance(e) Visa or K-3 Spouse Visa allows entry into the US so that the K-1 Fiancee / Fiance or K-3 spouse and the US citizen fiance(e) or spouse can be together while they continue the Green Card process.

An unmarried child of a US citizen’s fiancé(e) or spouse may receive a derivative K-2 or K-4 visa based on his or her parent’s petition. However, the child must have been included in the USCIS petition on behalf of the USC’s fiancé(e) or spouse, and the stepparent-stepchild relationship must have been created before the child reaches the age of 18.

Also, note that certain conditions and activities may make an applicant ineligible for a US visa. Ineligibility is an extremely complicated issue requiring a case-by-case examination. But examples of ineligibilities include: commission of and/or convictions for certain crimes; drug trafficking; health conditions including drug or alcohol addiction; previous visa overstays; practicing polygamy; advocating the overthrow of the government; submission of fraudulent documents; and others.

K-1 Fiancee / Fiance Visa

A fiancé(e) is a person who is engaged or contracted to be married. In general, the 2 people must have met in person within the past two years. The Department of Homeland Security’s US Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage.

If a US citizen wants to marry his or her foreign fiancé(e), and wants that fiancé(e) to travel to the US to marry and live in the US, s/he must file a K-1 Fiancee / Fiance petition in the US, and the foreign fiance(e) must file a K-1 Fiancee / Fiance petition at a US consulate.

Step 1: Filing the K-1 Fiancee / Fiance Petition

The USC spouse must first file the K-1 Fiancee / Fiance Visa petition together with support documents with the USCIS office that serves his or her jurisdiction. If the petition is approved, the USCIS will forward it to the National Visa Center (NVC) for continued processing, and they will then forward it to the US embassy or consulate where the USC’s fiancé(e) will apply for a K-1 Fiancee / Fiance Visa.

The fiancé(e) petition is valid for four months from the date of approval. Consular officers can extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed.

Step 2: Applying for the K-1 Fiancee / Fiance Visa

The K-1 Fiancee / Fiance application will be required to present additional forms, documentation and information relating to eligibility at the US consulate. S/he will be fingerprinted and interviewed, and while visa issuance normally follows within a few days, some visa applications require further administrative processing, which may take additional time after the interview.  Of course, a consular officer may ask for additional information according to the circumstances of a particular case.

After the K-1 Fiancee / Fiance Visa

The K-1 Fiancee / Fiance Visa holder must enter the US before the K-1 Fiancee / Fiance Visa expires (in some instances, the expiration date may be extended by a consular officer). Once admitted to the US, the K-1 Fiancee / Fiance Visa holder has only 90 days in which to marry the US citizen petitioner. After marriage, the couple must then submit all forms and documents associated with your adjustment of status (green card application).

Note that the K-1 Fiancee / Fiance Visa allows a fiancé(e) to enter the US only once, though provisions can be made for emergency travel if necessary. Working on the K-1 Fiancee / Fiance Visa is also possible under certain circumstances, but this depends on the factors present in a particular case.

K-3 Spouse Visa: US Citizen Spouse

Spouses of US citizens and their children are eligible to enter the US on nonimmigrant K Visas (K-3 and K-4) to complete the immigration process. Before a K-4 Visa can be issued to a child, her parent must have a K-3 Visa or be in K-3 status.

A spouse is a legally wedded, opposite sex husband or wife. Same sex and cohabiting partners do not at this time qualify as spouses for US immigration purposes. Common law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurred.

If a spouse has been married before, s/he must show that all previous marriages were terminated before the current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country of issuance, and divorces must be final.

Step 1: Two Petitions are Required in the K-3 Spouse Visa Process

You must first file an immigrant Petition for Alien Relative for your spouse with the USCIS Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition.

You next file Petition for Alien Relative for your spouse and children.  Send the Immediate Relative petition, supporting documents and a copy of the Form I-797 receipt notice to the appropriate USCIS office.

The National Visa Center

Once the K-3 Spouse petition is approved, the USCIS sends it to the National Visa Center (NVC). The NVC sends the petition to the Embassy or Consulate in the country where the marriage took place. If your marriage took place in the United States, the NVC sends the petition to the Embassy or consulate that issues visas in the country of your spouse’s nationality.

If your marriage took place in a country that does not have a US embassy, or the Embassy does not issue visas, the NVC sends the petition to the Embassy or consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the US does not have an Embassy, the petition would be sent to Turkey or another designated place.

Step 2: Applying for a K-3 Visa

The foreign spouse must apply for a K-3 visa in the country where the marriage took place. You will be required to present additional forms, documentation and information relating to eligibility. You will be fingerprinted and interviewed and while visa issuance normally follows within a few days, some visa applications require further administrative processing, which takes additional time after the interview. Of course, the consular officer may ask for additional information according to the circumstances of the case.

Children Have Derivative Status

Children do not need separate alien relative petitions but must be included on the K-1 Fiancee / Fiance petition. If you do not name the children on that petition, they may find it difficult to prove their identity as your children during their K-4 Visa application.

How do I qualify as a child of a spouse (K-4) nonimmigrant visa status?

To qualify for K-4 Visa issuance, an applicant must be the minor, unmarried child under 21 years of age of a qualified K-3 Visa applicant. The US citizen who files a K-3 petition does not have to file a separate petition for a child of his/her spouse, but they have to be listed on it. While the US citizen must also file the alien relative petition for the alien spouse, there is no requirement to file those forms for the child(ren).

After Visa Issuance

You and your children, if applicable, arrive in the US and begin continue your applications for Legal Permanent Residence. The alien spouse and each child submit an adjustment application. In addition, the US citizen spouse must submit an alien relative petition for each child along with the adjustment application. Remember that in US immigration law children must be unmarried and under 21 years of age to qualify as immediate relatives.

Can K-3 and K-4 visa holders change to another temporary visa category in the US?

No. K-3 and K-4 visa holders cannot change status in the US to another nonimmigrant visa category.

Can I travel and re-enter the US on my K-3 or K-4 visa?

Aliens present in the US in K-3 or K-4 nonimmigrant visa status can travel outside of the US and return using their K-3 or K-4 visa as long as the visas are valid for return. If they have filed for adjustment of status in the US prior to departure from the US, USCIS will not presume that the departure constitutes abandonment of an adjustment application.

Can a K-3 Visa Holder Work in the United States?

Yes, but you must apply for employment authorization with the USCIS that serves the area where you live.