Engaged to an immigrant and need to get him or her into the United States? If so, the K-visa is the first step for your fiancée or fiancé. There are three types of these visas: the K1 visa, the K2 visa, and the K3 visa.
You can contact me, Boston immigration attorney Giselle M. Rodriguez, to discuss next steps on a K-visa, or read on to find out more.
Two quick notes:
1: We can meet in-person, on Zoom, or by phone.
2: My legal fees DO include the translations of relevant documents.
A K-1 visa allows your fiancé(e) to enter the United States. They must presently be outside of the United States to apply for this visa. If their application is approved they’ll receive a sealed packet that must not be opened until they enter the United States. An immigration officer will then open it to ensure everything is in order.
You must get married within 90 days. Your spouse may then apply for a marriage-based green card. Be sure that your wedding plans are ready to go once your spouse obtains the visa, because this visa may not be extended.
The K2 visa is for your fiancé(e)’s minor children, if any, who will be moving to the United States with them.
The K3 visa is for a spouse whom you married overseas. It allows your spouse to obtain temporary legal status while waiting to adjust status to permanent residency.
To be eligible, the immigrant must be engaged to a US citizen; a K-visa is not available to the partners of green card holders. Both partners must be eligible to marry.
You’ll have to provide proof that a legitimate relationship exists. You also need to prove that you’ve met in-person at least once within two years prior to making your application.
The fiance must be eligible to immigrate to the United States, which means they can’t have a criminal record. They may also be ineligible if they’ve committed human rights violations or are a verified member of a terrorist organization. They will also be ineligible if they’ve ever overstayed a previous visa, or if USCIS has reason to believe any part of the application is fraudulent. They’ll need to obtain a medical examination and meet vaccination requirements.
Finally, the sponsoring partner must make sufficient income to support all of their fiancee’s needs.
The K1 visa is generally better. The K3 visa is one option for bringing a spouse over, but it’s not the only one that exists, and the other options are generally cheaper.
In addition, it can be much easier to execute the wedding and get it recognized as legal and legitimate if it takes place here in the United States.
Yes, but you will have to put in a different application to obtain an employment authorization. In addition, the authorization will only be valid for 90 days.
Once your spouse applies for permanent residency they should be able to work on their adjusted status.
There is nothing simple about bringing a spouse into the United States.
I’ve helped many Boston-area residents bring their foreign-born partners into the US so they can begin their life together.
If you’re not sure whether the K-visa is right for you and your soon-to-be spouse, or you want to get help applying, contact my office today for a consultation.