United States citizens who are hoping to bring family members into the country as nonimmigrants must be able to maneuver through the visa application process even before adjusting status to obtain a Green Card. The category of K visas allows a foreign fiancé and their children as well as an alien spouse who is presently overseas and their children to enter the United States as a non-immigrant while waiting for approval of their conditional permanent resident status.
Depending on whether the relationship is to a fiancé, spouse, or minor children, in order to apply for a K visa the applicant must meet certain requirements and strict filing deadlines, and provide evidence of the familial relationship and other documentation.
For residents of King County and throughout Washington State, knowing how immigration law is changing and what is necessary to guarantee a successful outcome can be challenging without legal support. Failing to file specific forms on behalf of minor children before they reach the age of maturity, or a failure to provide sufficient evidence can result in inadmissibility issues.
What are the different types of K visas?
The K-1 visa, or fiancé visa, allows a foreigner to enter the United States as a nonimmigrant with the intention of marrying their U.S. citizen fiancé within 90 days. Once married, the visa-holder may apply for a Green Card, and any children accompanying the nonimmigrant fiancé are eligible for the K-2 visa.
The foreign-born spouse of a U.S. citizen may also apply for a K-3 visa while awaiting approval of a residency petition, and any accompanying children are eligible to receive the K-4 visa. These visas were created to expedite the residency process to minimize the time that U.S. citizens would be separated from their families. If the marriage took place outside the country, the foreign citizen must apply for the K-3 visa from the country where the marriage took place.
What petitions are necessary for foreign relatives?
The U.S. sponsor must first file either Form I-129F, Petition for Alien Fiancé(é), or Form I-130, Petition for Alien Relative, through the USCIS office. Upon notice of receipt, the sponsor may then file Form I-485 to apply for a Green Card. There are additional eligibility requirements for the children of alien fiancés or spouses.