K-1, K-3/K-4 Petitions:
K-1 Fiance (e) Visa
K-1 visas are provided to foreign nationals who are planning to come to the U.S. to marry and reside with a U.S. Citizen. The petitioner must be a U.S. Citizen the couple must prove that they have met within the two (2) years immediately preceding the filing of the K-1 visa petition, and the beneficiary must undergo a medical examination by a physician approved by the consulate.
Once the visa is granted, the beneficiary must enter the U.S. within four (4) months. Upon arrival in the U.S., the marriage to the U.S. Citizen must occur within 90 days. There are no extensions to this deadline. Once the couple are married, they can file the application for the green card.
The K-3/K-4 visas allow spouses of U.S. Citizens (K-3) and their children (K-4) to enter the U.S. while they wait for their immigrant visas to be processed.
The applicant for a K-3/K-4 visa must be the spouse/child of a U.S. Citizen, who has filed an immigrant visa petition on his or her behalf. The applicant must obtain a medical examination and an affidavit of support. Upon approval of the K-3/K-4 visa petition, the UCSIS notifies the appropriate consulate, so that the applicant may apply for the visa in the passport to seek admission to the U.S.
The K-3 nonimmigrant is admitted to the U.S. for a period of two years. The K-4 nonimmigrant is also admitted for two years or their 21st birthday, whichever occurs first. The K-3/K-4 nonimmigrant is allowed to work in the U.S. If the immigrant visa or adjustment of status is not approved within two years, the K-3/K-4 may be extended for another two years. If the immigrant visa or adjustment of status is denied, the K-3/K-4 status terminates 30 days after the denial.
Please note that the above listed information is not intended to be a substitute for specific legal advice regarding an individual matter. We strongly encourage you to work closely with qualified legal counsel when pursuing any immigration benefits. If we can be of further assistance to you, please contact our office via phone at (408) 567-9445 or via email at firstname.lastname@example.org