K-1/K-3 Non-Immigrant Visa for Fiance/Spouse of US Citizen
United States Citizens may bring their fiancé to the United States by applying for the K-1 visa. In order to qualify for the K-1 visa, the applicant must present evidence of a bona fide relationship and that they have seen in each other (in person) within two years of filing the application. Upon entering the U.S., the K-1 visa holder must become married to the United States citizen and submit a green card petition for the K-1 visa holder. Dependents of K-1 visa holders may enter with K-2 visas.
The K-3 visa classification was part of the LIFE Act. This permits spouses of U.S. Citizens to enter the U.S. once the petition is filed and remain in the U.S. while the green card application is pending. In order to qualify for this temporary, non-immigrant visa, the Citizen must have filed an I-130 green card visa petition for the beneficiary. The K-3 visa may be issued even though the I-130 petition has not been approved. Dependents of K-3 visa holders may enter with a K-4 visa. After arriving in the United States, the K-3 visa holder may apply for adjustment of status to complete the green card processing.
If the beneficiary of the K visa petition resides outside of the U.S., the visa approval is forwarded to the National Visa Center for additional processing and interview at the appropriate U.S. consulate.
Click here to read the News Item regarding the USCIS to issue over 10,000 RFE's for fiance visa petitions
Click here to view USCIS memorandum on the Exception to Nonimmigrant HIV Waiver Policy for K and V Nonimmigrants.
Click here to read News Item - May 22, 06 - USCIS recalls Fiance - K-1 Visa Petitions