K-1 & K-2 Visas
Reuniting Families Through the K Visa Process
The K-1 and K-2 visas allow engaged couples and their children to reunite and begin their lives together in the United States. These visas are specifically designed to help U.S. citizens bring their foreign fiancé(e) and eligible children to the country, with a clear pathway to marriage and eventual adjustment of status.
What Is a K-1 Visa?
The K-1 visa, also known as the fiancé(e) visa, permits a foreign national to enter the United States for the purpose of marrying their U.S. citizen petitioner. The couple must marry within 90 days of entry, or the visa becomes invalid. After the marriage, the foreign spouse may apply for adjustment of status to become a lawful permanent resident.
What Is a K-2 Visa?
The K-2 visa is granted to unmarried children under the age of 21 of a K-1 visa applicant. These children may accompany the K-1 parent or enter the U.S. separately, as long as they are included in the original petition and arrive before or shortly after the parent’s arrival.
Application Requirements for K-1 and K-2 Visas
To apply for a K-1 visa, the U.S. citizen must file Form I-129F with USCIS on behalf of their fiancé(e). To include children in the petition, they must be listed on the same form as K-2 applicants. Requirements include:
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Both parties must be legally free to marry.
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The couple must have met in person within the past two years (with some exceptions).
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The foreign national must intend to marry the U.S. petitioner within 90 days of entry.
Differences Between K-1, K-2, K-3, and K-4 Visas
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K-1: For a foreign fiancé(e) of a U.S. citizen.
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K-2: For children of the K-1 visa holder.
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K-3: For a foreign spouse of a U.S. citizen waiting for immigrant petition approval.
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K-4: For children of the K-3 spouse.
K-3 and K-4 visas allow multiple entries and are valid for two years, whereas the K-1 and K-2 visas are single-entry and valid for up to six months.
Steps After Entering the United States
Once the K-1 visa holder enters the U.S. and the marriage takes place, the next step is to apply for adjustment of status. If the couple divorces before this process is complete, the visa holder may still adjust status under certain conditions, but it generally requires the cooperation of the original petitioner. K-2 visa holders can also adjust status if eligible and must do so before turning 21.
Denial of K Visa Petitions
Petitions may be denied for reasons such as:
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Lack of intent to marry within 90 days.
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Legal barriers to marriage (e.g., age restrictions).
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Failure to meet in person within the past two years (unless waived).
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Criminal history not disclosed by the U.S. petitioner.
A Brief History of the K Visa
The K visa was created in 1970 to address the growing number of service members who wished to bring their foreign fiancé(e)s to the U.S. after meeting abroad during wartime. Over time, the K category has expanded to include children of fiancé(e)s and foreign spouses of U.S. citizens.
Why Legal Help Matters
Navigating the K visa process can be complex and emotionally demanding. A single mistake can delay or derail the application. Working with an experienced immigration professional ensures your petition is accurate, complete, and prepared for approval.
