The K Visa is not an immigration visa, but what is known as a "lawful intent" visa. An American citizen may petition to bring over a fiancé, his or her children, or a foreign national spouse to the United States to live. The "lawful intent" essentially refers to the foreign national taking further steps to legally gain residence in the United States. There are four different types of the K Visa relating to fiancés and children. This article will give an overview of each of the K Visas.
K-1 Visa
This visa allows foreign nationals who are engaged to American citizens and currently living in another country the legal right to live in the United States. The law stipulates the couple be married within 90 days of entry. Once married, the foreign national can change his or her status to become a Green Card holder. The K Visa is a non-immigration visa, meaning immigration is not a necessary component of receiving the visa. However, the foreign national can pursue permanent residence after receiving their Green Card.
While upwards of 95% of Americans who petition for a K-1 Visa for a fiancé are granted it, there are restrictions that apply. For example, the two must be legally allowed to marry in the state where they are to live. This could relate to being of legal age, already being married to another partner, or being of the same sex. The criminal record of the American petitioner is taken into account, as is how the foreign national will financially support his or herself once in America so they do not become a dependent on the state.
For years this visa has been closely scrutinized by the United States Citizenship and Immigration Services to try and prevent American citizens from entering into fraudulent marriages with foreign nationals as a way to gain citizenship while not actually having the intent of being in a romantic union. The agency has also tried to curb "mail-order bride" unions which often result in unrecognized expectations by both marriage partners.
K-2 Visa
If a foreign national who has been granted a K-1 Visa has unmarried children under the age of 21, they are eligible for the K-2 Visa. This allows the child the ability to live in the United States, seek employment, study in the U.S., and apply for permanent residency once the parent and the American citizen marry.
K-3 Visa
For foreign nationals living in another country who are already married to American citizen, the K-3 Visa allows them to live in the United States while they seek their immigration visa. While using this visa, the foreign national may seek employment, study in the U.S., and travel out of the country for short trips and then re-enter.
K-4 Visa
The K-4 Visa is similar to the K-2 Visa. This visa allows unmarried children under the age of 21 of the K-3 Visa holder the right to live in the United States while awaiting approval of an immigrant visa. The K-4 Visa holders can seek employment, study in the United States and also make short trips out of the country and re-enter.
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