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RECENT NEWS . K VISAS for Fiance or Family of U.S. Citizens

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K Visa . Recent News . Eligibility . Issues

ELIGIBILITY . K VISAS for Fiance of Family of U.S. Citizens

K1 VISA for Fiances of U.S. Citizens

1. Fiance . Entering the U.S. as a fiancé of a U.S. citizen or child of the fiancé with intention to marry the U.S. citizen within 90 days of entering the United States.

2. Prior USCIS Approval . Approved I-129F within four (4) months of applying for the K1 visa at the U.S. Embassy abroad, submitted by U.S. citizen fiancé, the "petitioner" (the Embassy or Consulate can re-validate an I-129F approval if needed, upon application).

3. Personal Meeting . The fiancés must have met in person within the two (2) years immediately preceding filing of I-129F, unless such is prohibited by custom and practice of the foreigner's culture

4. Work Authorization . Work is authorized upon application

5. Marriage within 90 days . Authorized to apply for permanent residence if marriage takes place in the first 90 days in the States; K Visa holders cannot change status to another nonpermanent status; if marriage is not concluded within 90 days, the Visa holder is 'removable.'

6. No Extensions of Stay . No extensions of authorized stay are permitted.

7. Admissible . Applicant is 'admissible' (See Admissibility Issues)

K3 and K4 VISAS . Family of U.S. Citizens

1. RELATIONSHIP . Immediate family member of a U.S. citizen, either spouse or child. See Child Issues.

2. PRIOR USCIS APPROVAL . Beneficiary of I-130 and I-129F filed by a U.S. citizen spouse (for K3 visa) or parent (for K4 visa).

3. TWO YEAR VISA . Admitted for two (2) years, with extensions possible for additional periods of two (2) years.

4. WORK AUTHORIZATION . Work is authorized upon application.

5. ADMISSIBLE . Applicant is 'admissible' (See Admissibility Issues).

OUR OFFICE . Our office has successfully handled K Visas and all various family-related immigration issues.

K VISA . Recent News . Eligibility . Issues

ISSUES . K VISAS for Fiances and Family of U.S. Citizens

Admissibility . Non-Immigrant Intent . Work Authorization . Duration of Authorized Stay . Permanent Residence

Admissibility . A visa applicant must be admissible in ten general, important ways to receive a nonimmigrant visa, including health, financial ability, clean criminal history, immigration history, etc. See Admissibility for more details.

Non-immigrant Intent . It is presumed that K Visa applicants have an intent to immigrate (stay permanently) in the United States and such intent does not disturb their visa application.

Work Authorization . K Visa holders are authorized to work upon application and to attend public schools in the United States.

Duration of Authorized . Stay K1 Visa holders are required to marry the U.S. citizen sponsor of their visa within 90 days of entering the country and must make application for permanent residency (green card) on the spouse's continued sponsorship of such application. If the U.S. citizen sponsor is abusive, the K1 Visa holder may petition for a green card as an abused spouse of a U.S. citizen. (See Self-Petition Issues). K3 and K4 Visa holders are admitted for two years at a time, with renewed application accepted without restriction.

Permanent Residence . K1 Visa holders are eligible to apply for permanent residence, provided that such application is based on a petition from the fiancé or sponsoring United States citizen. Thru strict regulations that are applied in ways that create extreme difficulties in some cases, those who enter the United States to marry one individual must leave the United States if that marriage does not take place or leads to divorce or annulment before the fiancé receives permanent residence. The only exception being if the U.S. citizen spouse is abusive to the K1 Visa holder and s/he is successful in making application as a Self-Petitioner. K3 and K4 Visa holders are eligible to adjust status if the U. S. sponsor of the K3 or K4 Visa continues to sponsor their permanent residency.

K VISA . Recent News . Eligibility . Issues

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