K-1/K-3 Fiancé(e) Visas

K-1 Visa
U.S. citizens wishing to bring a foreign national fiancé(e) living abroad to the United States to marry may apply for a K-1 fiancé(e) visa. Please note that if the U.S. citizen plans to marry a foreign national currently outside the United States or if the fiancé(e) is already residing legally in the United States, there is no need to file for a fiancé(e) visa. In that situation, please see the specific links for “Family-Based Permanent Residence.”

To be eligible for this visa, the U.S. citizen (the petitioner) must show:

  • Proof of U.S. citizenship.
  • Intent to marry within 90 days of the fiancé(e) entering the United States.
  • That both the U.S. citizen and the fiancé(e) are free to marry and any previous marriages have been legally terminated by divorce, death, or annulment.
  • That the couple met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
    – If the requirement to meet would violate strict and long-established customs of either party’s foreign culture or social practice.
    – If the requirement to meet would result in extreme hardship to the petitioner.

Children of the foreign fiance that are under the age of 21 and unmarried may be able to accompany them to the United States and apply for green cards.

K-3/K-4 Visa
U.S. citizens who have a spouse that is a foreign national who is waiting abroad for an immigrant visa can petition the USCIS on behalf of their spouse to allow them to re-unite with their family and apply for Immigrant status once in the United States. It also allows the spouse to obtain employment authorization while they are waiting.

To be eligible for a K-3 nonimmigrant visa, an individual must:

  • Be married to a U.S. citizen.
  • Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf.

A child may be eligible for a K-4 visa if:

  • He or she is unmarried, under 21, and the child of a qualified K-3 nonimmigrant visa applicant.