What is a K visa?
A K visa is a nonimmigrant visa that allows a foreign spouse or fiancé(e) of a U.S. citizen to travel to the United States.
What are the different types of K visas?
Technically, there are four different types of K visas:
(1) K-1 visas are for foreign fiancé(e)s of U.S. citizens;
(2) K-2 visas are for children of foreign fiancé(e)s of U.S. citizens;
(3) K-3 visas are for foreign spouses of U.S. citizens; and
(4) K-4 visas are for children of foreign spouses of U.S. citizens.
Which is better — the K-1 or K-3 visa?
Neither is necessarily “better” than the other; it really depends on your life situation. Both the K-1 and K-3 take about the same amount of time for USCIS to process. Click here to see the current estimated processing times. The USCIS filing fees are similar ($340 for K-1 and $420 for K-3). While the K-3 requires that you are married, the K-1 does not. If you are seriously considering the K-3 nonimmigrant visa, you might also consider the immigrant visa option as well, which is called “CR-1.”
Can children come on a K visa?
Yes, as long as the child(ren) are under 21 and are unmarried.
Can my spouse (K-3) or fiancé(e) (K-1) legally work in the United States?
No, not immediately after arriving in the United States. They must first apply for Adjustment of Status (“AOS”). After applying for AOS, your spouse or fiancé(e) will receive a work authorization permit, which will allow them to legally work in the U.S.
Does it matter what U.S. Embassy/Consulate my spouse or fiancé(e) obtains his/her visa from?
We suggest that fiancé(e)s obtain their K-1 visas from their home countries, but that is sometimes not practical. Speak to us in person about the problems that can come up when obtaining a visa from a country other than his/her home country. Spouses, on the other hand, must obtain their K-3 visas from the country where the marriage took place, if the marriage was outside the United States.
How can I get more information regarding the K-1 and K-3 visa?
Contact us by telephone at (425) 458-2414 or by email: immigration@genesislawfirm.com.