Christopher B. McKinney, Attorney at Law, LLC

K Visas - Fiances & Spouses

K-1 & K-2 Visas

K-1 visas are available to foreign-national fiancé(e)s of United States citizens. The process of receiving a K-1 visa begins with the filing of I-129F petition filed by a U.S. citizen. Once USCIS approves the I-129F petition, the K visa file is forwarded to the State Department's National Visa Center for further processing. The foreign national fiancé(e) is requested to provide additional documentation to the National Visa Center, and then an interview is scheduled at a U.S. consular post abroad. K-1 visas are typically valid for six months. The K-1 visa requires that the petitioning citizen and his or her fiancé(e) marry within ninety days of the foreign-national entering the United States. After a valid marriage, K-1 visa holders are eligible to become permanent residents. Children of K-1 visa holders are eligible for K-2 visas.

The immigration laws require that a petitioner and his or her fiancé(e) have met, in person, within the two years immediately prior to filing the petition. An exemption is available for this requirement but only if meeting in person would result in extreme hardship to the petitioner or would violate strict and long-established customs of the K-1 applicant's foreign culture or social practice. Our Kansas City immigration law firm can provide assistance with the K-1 visa process.

K-1 Visa Filing Fees 

The U.S. government will require filing fees at several points during the K-1 visa application process. The first fee will be $535 paid to USCIS for the Form I-129F petition. Once the petition is approved, the National Visa Center will require a $265 payment for the K-1 non-immigrant visa fee. Finally, after the foreign-national  fiancé(e) comes to the United States on a K-1 visa, a $1225 payment will need to be paid to USCIS in order to adjust status using Form I-485

K-3 & K-4 Visas

K-3 visas are non-immigrant visas for foreign-nationals that are married to United States citizens that would like to enter the United States before a pending Form I-130 visa petition is approved. Unmarried children are eligible to enter the United States on K-4 visas. The K-3 visa application process, like the K-1 application process, begins with the filing of an I-129F. However, the I-129F petition must include proof that an I-130 is pending. K-3 and K-4 visas were created with the intent to allow potential immigrants to come to the United States while waiting for their immigrant visas to be processed so that they could then adjust status in the United States. For additional questions regarding K visas contact a Kansas City immigration lawyer today.



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