What are the options for K visa holders?

The K Visa was introduced to unite families in the U.S. who are facing long waiting times for their immigrant visas. K visa holders may wait for their immigrant visa in the U.S. Spouses receive the K-3 visa, their children the K-4.

In order to qualify for the K-3 status, the following requirements have to be met:

  • the applicant is still legally married to a U.S. citizen
  • the K-3 applicant must be the beneficiary of an I-130 petition which has already been filed with USCIS with approval still pending
  • the applicant wants to wait for approval in the U.S.

In case the I-130 process has already been completed, a K-3 visa can no longer be issued.

In addition, a U.S. citizen may apply for a K-1 visa, allowing his or her fiancé(e) to come to the U.S. to get married to the U.S. citizen. The petition is filed with USCIS and after approval forwarded to the U.S. consulate for the consular processing. If everything is all right, the fiancé(e) may travel to the U.S. and get married to the U.S. citizen within 90 days. After the wedding, the new spouse can apply to have the K-1 exchanged for a green card. A K-1 can only be issued to a U.S. citizen's fiancé(e) in case he or she is not in the U.S.

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