McLean's Immigration Law PLLC: Immigration and Nationality Law

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Temporary Visas Employment Ba Family Based Permenant Visas U.S. Citizenship
Family-Based Immigration

K Visas

K-1 and K-2 Visas

The K-1 visa category permits the fiancé(e) of a U.S. citizen to enter the U.S. for a 90-day period to marry the U.S. citizen sponsor. K-1 visa holders are permitted to work upon the issuance of an Employment Authorization Document (EAD) by the USCIS.

The basic requirements for the K-1 visa:

  • Have previously met within the past two years
  • Have a bona fide intention to marry
  • Are legally able and willing to marry in the U.S. within 90 days of arrival in the U.S.

Children of the K-1 fiancé(e) who are unmarried and under the age of 21 are granted a K-2 visa. 

Adjustment of Status:  The fiancé(e) and children can and should immediately apply for lawful permanent residence (Green Cards) after marriage.  (See Adjustment of Status Link).

K-3 and K-4 Visas

Under the Legal Immigration Family Equity Act (LIFE Act) and its amendments, the K visa allows the spouse and unmarried children of a U.S. citizen to enter, live, and work in the U.S. as nonimmigrants until they receive lawful permanent resident status.  The spouse is given a K-3 visa and the children are given K-4 visas. 

Two advantages to having a K-3/K-4 nonimmigrant visa are:

  • The foreign national spouse is allowed to work in the U.S. with an approved employment authorization document while waiting for his or her permanent resident status. 
  • The valid K-3/K-4 nonimmigrant visa holders can travel outside of and return to the U.S. even if they are still waiting for their permanent resident status

Adjustment of Status:  The K-3/K-4 visa holder can and should apply for lawful permanent residence (Green Cards) after entry into the U.S. 

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