K-1/K-3

K-1

If you petition for a fiancé(e) visa, you must show that:

* You (the petitioner) are a U.S. citizen.
* You intend to marry within 90 days of your fiancé(e) entering the United States.
* You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
* You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.

Application Process

File Form I-129F, Petition for Alien Fiancé(e). See the links to the right to download instructions and Form I-129F.

  • After the Fiancé(e) Visa is Issued

    Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application. For additional information, see the “Green Card” link to the right.

    Children of Fiancé(e)s

    If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be available to him or her. Be sure to include the names of your fiancé(e)’s children on your Form I-129F petition.

    Permission to Work

    After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization.  

    What happens if we do not marry within 90 days?

    Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

K-3

To be eligible for a K-3 nonimmigrant visa, an individual must:
• Be married to a U.S. citizen
• Have a U.S. citizen spouse file Form I-130, Petition for Alien Relative

A child may be eligible for a K-4 visa if:
• He or she is unmarried, under 21, and the son or daughter of a qualified K-3 nonimmigrant visa applicant

Application Process

To obtain a K-3 or K-4 nonimmigrant visa, you (the U.S. citizen petitioner) must file two petitions with USCIS and apply for a visa from the U.S. Department of State.

A child may be eligible for a K-4 visa if:
• Form I-130: File on behalf of your non-citizen spouse with the USCIS Service Center having jurisdiction over your place of residence. You will then receive a Form I-797, Notice of Action, indicating that USCIS has received the Form I-130.
• Form I-129F, Petition for Alien Fiancé(e): File this after filing Form I-130 and include a copy of the I-797, on behalf of the non-citizen spouse and any children. Submit to the USCIS Service Center where the underlying Form I-130 petition is pending. There is no fee when filing a Form I-129F for a non-citizen spouse (K-3). If your non-citizen spouse has any minor children seeking K-4 nonimmigrant visas, they should be listed on the I-129F filed on your spouse’s behalf to facilitate the application process.

If approved, USCIS will forward the I-129F to the U.S. Department of State for consular processing.

The non-citizen spouse and any minor children will then need to apply to the U.S. Department of State for the K-3 or K-4 nonimmigrant visa.

Benefits and Limitations of K-3/K-4 Nonimmigrant Visa
• Seeking to be admitted to the United States on a K-3 nonimmigrant visa can shorten the waiting period for non-citizen spouses to enter the United States.
• Once admitted to the United States, K-3 nonimmigrants may apply to adjust status to a permanent resi-dent at any time. Upon admission to the United States, K-4 nonimmigrants may file an application for adjustment of status concurrently with or at any time after a Form I-130 has been filed by the U.S. citizen petitioner.
• Upon admission, K-3 and K-4 nonimmigrant visa holders may obtain employment authorization. They can obtain evidence of eligibility to work legally in the United States by filing Form I-765, Application for Employment Authorization. Upon filing an application for adjustment of status, K-3 and K-4 nonim-migrant visa holders may also apply for employment authorization based on that pending application even if the K-3 or K-4 nonimmigrant status expires.

The limitations of the K-3/K-4 nonimmigrant visa include:
• The Department of Homeland Security only admits K-3 or K-4 nonimmigrant visa holders for a 2-year period. K-3 or K-4 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.

Automatic Expiration of a K-3 Nonimmigrant Visa

A K-3 visa holder’s authorized stay automatically expires 30 days after any of the following events:
• USCIS denies the Form I-130 visa petition
• USCIS denies a Form I-485 filed by the K-3 visa nonimmigrant holder
• The K-3 nonimmigrant visa holder decides to apply for an immigrant visa at the appropriate U.S. consulate abroad, and the consulate denies the immigrant visa application
• Termination of the marriage through divorce or annulment

The limitations of the K-3/K-4 nonimmigrant visa include:
• The Department of Homeland Security only admits K-3 or K-4 nonimmigrant visa holders for a 2-year period. K-3 or K-4 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.