K-1, Fiancé Visa

A fiancé of a U.S. citizen is allowed to enter on a nonimmigrant visa, known as a K-1 visa. The criteria are that the fiancé enters the U.S. solely to conclude a valid marriage with the petitioner (U.S. citizen spouse) and must marry within 90 days after entry.

The U.S. citizen spouse will file a petition with the USCIS Service Center in the U.S. and the beneficiary (fiancé) is interviewed abroad at the consulate. Any minor children of the fiancé can accompany them with a K-2 visa. Work authorization is allowed for individuals with K1 and K2 status.

Even though it is a nonimmigrant visa, a K1 acts as an immigrant visa in that once the beneficiary has married the petitioner, he/she can apply for the green card while in the U.S. If the marriage does not take place, however, the beneficiary must return back to their home country.  

Once the green card is obtained, it will be conditional residency green card for two (2) years after which they must obtain legal permanent residency status through lifting conditions, which can be filed within 90 days prior to the expiration date on the green card.

K-3, Spouse of U.S. Citizen

K-3 visa is a nonimmigrant visa permitting the spouse of a U.S. Citizen who is the beneficiary of a currently pending I-130, Relative Petition, to come to the United States to await the approval. It also allows for minor children of the sponsored spouse to be admitted to the U.S. on a K-4 nonimmigrant visa while waiting for the processing for permanent residency to be completed. Work authorization is granted for those in K3 and K4 status.

Once admitted to the United States, K-3 nonimmigrants may apply to adjust status to a permanent resident at any time. It is important to note the following limitation: the Department of Homeland Security only admits K-3 or K-4 nonimmigrant visas holders for a 2-year period. K3 or K4 nonimmigrant visa holders may apply to USCIS for an extension of status in 2-year increments as long as the marriage-based I-130 visa petition or a corresponding application for adjustment of status or visa application is still pending adjudication.

Once the green card is obtained, it will be conditional residency green card for two (2) years after which they must obtain legal permanent residency status through lifting conditions, which can be filed within 90 days prior to the expiration date on the green card. If the couple has been married for more than 2 years at the time of approval, the spouse will receive 10 year permanent resident card.