K Visa

All You Need to Know about US Spouse Visa and US Fiance Visa.

Are you planning to bring your foreign spouse or fiancé to the United States? Are you looking for all the information about how to bring your foreign spouse or fiance to the US? If so, you must read this blog to understand how to bring a spouse or finance to the US.

The K visa type is a nonimmigrant visa category specifically designed for foreign nationals engaged to a US citizen or married to a US citizen and seeking to enter the United States to join their spouse or fiancé. The purpose of the K visa is to allow US citizens and their foreign fiancés or spouses to be together while their immigration application is being processed. 

The K visa process can be complex; applicants must understand the eligibility requirements, application process, and potential challenges.

TYPES OF K VISAS.

1. K-1 Visa: US Citizens’ fiancés who reside abroad.
2. K-3 Visa: Spouses of US Citizens who reside abroad.
3. K-2 and K4 Visas: These are issued to minors entering the US with their K visa fiancé or spouse.

US Fiance Visa and Its Eligibility Criteria 

The K-1 visa, also known as the US Fiancé(e) visa, is a nonimmigrant visa that allows a foreign national fiancé(e) of a US citizen to enter the United States to get married.

To be eligible for a US Fiance Visa or K-1 visa, the applicant must meet the following requirements:

1. The petitioner (US citizen fiancé(e)) must file a Form I-129F, Petition for Alien Fiancé(e), with US Citizenship and Immigration Services (USCIS).
2. The petitioner must be a US citizen.
3. The petitioner and the beneficiary (foreign national fiancé(e)) must have met in person at least once within the two years before filing the petition, with certain limited exceptions.
4. The petitioner and US fiance visa beneficiary must be legally free to marry, and any previous marriages must have been legally terminated by divorce, death, or annulment.
5. The petitioner must meet the minimum income requirement to sponsor the US fiance visa beneficiary’s immigration and provide evidence of financial support.
6. The applicant for a US Fiance visa must pass a medical examination and obtain the required vaccinations.
7. The beneficiary of a US Fiance visa must not have a criminal history or be otherwise inadmissible to the United States.

Once the petition is approved, the beneficiary of the US Fiance visa will be scheduled for a K-1 visa interview at a US Embassy or Consulate abroad. 

During the interview, the beneficiary of the US Fiance visa must demonstrate that they meet all the eligibility requirements for the K-1 visa and that their trip to the United States is to get married to their US citizen fiancé(e) and start a life together in the US.

If the beneficiary of the US Fiance visa is approved for the K-1 visa, they can enter the United States for 90 days. Within these 90 days, the couple must get married, and the beneficiary of the US Fiance visa must apply for an adjustment of status to permanent residence. If the couple does not get married within 90 days, the beneficiary of the US Fiance visa will have to leave the United States.

K-2 Visa: Its Eligibility and Requirements 

A K-2 visa is a nonimmigrant visa that allows the dependent child of a K-1 visa holder (fiancé(e) visa) to enter the United States. To be eligible for a K-2 visa, the child must meet the following criteria:

1. First, the child must be under 21.
2. Second, the child must be the unmarried child of the K-1 visa holder.
3. Third, the child must be included in the K-1 visa holder’s application for a visa.
4. Finally, the child must intend to enter the United States with a K-1 visa holder.
5. The child must undergo a medical examination to ensure that they do not have any communicable diseases or health conditions that would make them inadmissible to the United States.
6. The child must undergo a background check to ensure they do not have a criminal record or any other issues that would make them inadmissible to the United States.

US Spouse Visa and Its Eligibility.

A K-3 visa or US spouse visa is a nonimmigrant visa that allows the spouse of a US citizen to enter the United States while they wait for their immigrant visa to be processed. The K-3 visa is intended to shorten the time the US citizen and their spouse are separated during the ongoing immigrant visa process.

To be eligible for a K-3 visa or US spouse visa, you must meet the following criteria:

1. The petitioner must be a US citizen married to the beneficiary of the US Spouse visa.
2. The beneficiary of a US spouse visa must have an immigrant visa petition filed on their behalf by the US citizen spouse.
3. A US spouse visa beneficiary must apply for a K-3 visa and be approved.
4. The beneficiary of a US spouse visa must intend to enter the United States to await the processing of their immigrant visa.
5. The beneficiary of a US Spouse visa must undergo a medical examination to ensure that they do not have any communicable diseases or health conditions that would make them inadmissible to the United States.
6. The beneficiary of a US spouse visa must undergo a background check to ensure they do not have a criminal record or any other issues that would make them inadmissible to the United States.

K-4 Visa And Its Eligibility.

The K-4 visa allows the children of a US citizen’s fiancé(e) or spouse under 21 years old to join their parents in the United States. The K-4 visa is derivative, which depends on the parent’s K-1 or K-3 visa.

To be eligible for a K-4 visa, the child must be unmarried and under 21 years of age, and the parent must have either a K-1 US fiancé(e) visa or a K-3 us spousal visa. The child may enter the United States at the same time as the parent or at a later date as long as the parent’s K-1 or K-3 visa is still valid.

To apply for a K-4 visa, the US citizen fiancé(e) or spouse must file a petition with US Citizenship and Immigration Services (USCIS). Once the petition is approved, the child can apply for the K-4 visa at a US embassy or consulate in their home country.

LIMITATIONS ON K Finance VISA

K visas are designed to allow U.S. citizens to bring their fiancé(e)s or spouses to the United States. However, there are some limitations to K visas that applicants should be aware of:

Limited eligibility: K visas are only available to fiancé(e)s and spouses of U.S. citizens. Other family members, such as parents, siblings, or children, are not eligible for K visas.

Processing time: The processing time for K visas can be lengthy, and it may take several months to obtain a K visa.

Travel restrictions: K visa holders are generally only allowed to enter the United States once on their visa. If they leave the United States, they may not be allowed to re-enter.

Work restrictions: K visa holders are allowed to work in the United States after obtaining a work permit.

Conditional residency: K visa holders who marry a U.S. citizen and are granted conditional residency must apply to have the conditions removed after two years. If the conditions are not removed, the K visa holder may be subject to removal from the United States.

Limited rights: K visa holders do not have the same rights and privileges as permanent residents or U.S. citizens. For example, they cannot vote or hold specific government jobs.

Conclusion

While the K-1 visa is designed for fiancés, the K-3 visa is intended for spouses. Both visa types require specific documentation and eligibility criteria to be met. Contact Gehi and Associates India to help you with the K visa process.