K Visa: The Basics

The K Visa is a topic of much concern, both in politics and among immigration law, both of which are far beyond the basics explained here. Additionally, even a T.V. series was based around the K Visa, the show being called: 90 Day Fiancé.

For starters, the K visa category is the “marriage visa,” also known as the “fiance visa.” A U.S. Citizen can petition a foreign national to either come to the United States where a marriage must occur within 90 days or the marriage had already occurred outside of the United States and the now non-U.S. Citizen spouse would be entering the United States with a pending or approved “immigration petition.” Thus, the K Visa has two tracks.

First, the K-1 and K-2 visas are, respectively, for the Fiancés of U.S. Citizens and the Fiancé’s dependents (e.g. children). These visas permit entrance within the United States and last for a duration of 90 days. However, upon marriage, the K-1 and K-2 visas terminate. At this point, the U.S. Citizen and the Immigrant(s) begin the petition and green card processing with USCIS. It must be noted that the K-1 and K-2 visas cannot be extended, and that failure to marry within 90 days coupled with failure to exit the country would be a violation of U.S. Immigration Law and may restrict future eligibility for U.S. immigration benefits (e.g. visas and green card).

Second, the K-3 and K-4 visas are, respectively, for the spouses of U.S. Citizens and the non-U.S. Citizen spouse’s dependents. These visas are meant to have the spouses be together while the U.S. Citizen’s petition is pending. Once the K-3 and K-4 visa is granted, the U.S. Citizen and Visa Holder(s) have two (2) years to file an Adjust of Status (AOS) to lawful permanent residence. However, it is possible for a K-3 and K-4 visa to be extended for another two (2) years.

If you have any concerns, you should speak with a local Immigration Attorney, or you may call Fickey Martinez Law Firm, P.L.L.C. at (910) 526-0066 or email at attorney@fickeymartinezlaw.com.


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