The K1 visa permits the K1 visa holder to enter the United States for a 90-day period to marry the petitioner and apply for permanent residence through a green card application and obtain a work permit. Once the K1 visa is issued, the visa holder has six months to enter the US for the purpose of marriage.

The K1 visa process is rather long and arduous. However, we will be happy to see you and your fiancé(e) through the process and make sure that things go as smoothly as possible. Mishandling of the K1 fiancé(e) visa application may result in lost time, visa denials or arrest and deportation of the fiancé(e) where the USCIS suspects fraud. If you are already married, then you may want to apply for a K3 visa.

Children of the K1 visa applicant may obtain a K2 visa to enter the US together.

There are particular requirements for obtaining a K1 Visa.  US citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States.

You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States.

K2 Visa (Child of K1 Visa Holder)

A K2 visa may be obtained by a K1 visa holder's minor children. A K2 visa holder may enter the US with the K1 visa holder or enter at a later time.  The K2 Visa is particularly appropriate for unmarried children under age 21 of K1 fiancé(e) visa applicants.  The requirements is that a child of the K1 visa holder may be accorded the same nonimmigrant classification as the beneficiary if accompanying or following to join him or her.

K3 Visa (Spouse of US Citizen)

The K3 visa permits the spouse of a United Staees citizen to enter the United States and remain in the US while their permanent residence (green card) application to be approved. The K3 visa holder may obtain a work permit while in the US.  Like with the K1 Visa, the K3 visa process is rather long and arduous. However, our team of immigration attotneys will be happy to see you and your spouse through the process and make sure that things go as smoothly as possible. Like in K1 visas, mishandling of the K3 visa application may result in lost time, visa denials or arrest and deportation of the spouse where the USCIS suspects fraud. If you are not yet married, you may want to apply for a K1 visa.

Children of the K3 visa applicant may obtain a K4 visa to enter the US together.

Under current immigration law, a person may receive a K3 visa if that person:

• has concluded a valid marriage with a citizen of the United States;
• has a relative petition filed by the US. citizen spouse for the person;
• seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,
• has an approved Petition for Alien fiancé, forwarded to the American consulate abroad where the alien wishes to apply for the K3 visa. The consulate must be in the country in which the marriage to the US. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse.

K4 Visa (Child of K3 Visa Holder)

A K4 visa may be obtained by a K3 visa holder's minor children, which is an unmarried child under the age of 21.  A K4 visa holder may enter the US with the K3 visa holder or enter at a later time.  The requirements for obtaining a K4 Visa is that a person may receive a K4 visa if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K3.

Do you need help with a K1, K2, K3 or K4 Visa?  Contact a Texas or Florida Immigration Lawyer at Bertolino LLP

Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an attorney in the Austin office, call 512.476.5757. For the Houston office, call 713.225.7474. You may also contact the firm by e-mail.