K-1 FIANCÉ(E) VISAS
The K-1 visa allows foreign national fiancé living abroad to enter the United States to marry. There are a number of eligibility requirements to apply for this visa.
1. You (the petitioner) must be a U.S. citizen.
2. You must intend to marry within 90 days of your fiancé entering the United States.
3. You and your fiancé are not encumbered by any previous marriages that have not yet legally terminated (divorce, death or annulment).
4. You met each other (in person) at least once within 2 years of filing your petition. There are a few exceptions to this, such as if meeting would violate long established customs of yours or your fiancé(e)’s culture or social practice or if this requirement would prove an extreme hardship to you.
CHILDREN OF FIANCÉ(E)’S
If your fiancé(e) has a child (must be under 21 and not married), a K-2 visa may be available.
K-3 FOREIGN NATIONAL SPOUSE
A K-3 visa is intended to shorten the time that U.S. citizens and their foreign citizen spouse are apart. The application must be submitted in the country where the marriage took place. To qualify, simply living together is not enough. You must be legally wedded. Legally married same sex-spouses are now eligible for the same immigration benefits as traditional marriages.
CHILDREN OF FOREIGN NATIONAL SPOUSE
Children under 21 and not married of the foreign national spouse may apply for entry under the K-4 visa.