K Visas are a type of visa that applies to individuals who intend to marry an individual who is not a US citizen. “Fiancé visa” is a commonly used name for a K-1 visa. K-2 visas are filed to grant children of foreign fiancés temporary legal status. K visas are very similar however, there are some key differences. To learn more about the specific requirements and filing processes for K-1 fiancé & K-2 visas, visit our sections on:
Both K-1 and K-2 visas have specific requirements and guidelines for filing. Although information on requirements and filing guidelines are provided by USCIS, engaged couples looking to pursue a K visa should always work with a licensed fiancé visa lawyer. Working with a qualified immigration lawyer can help ensure that the filing process moves quickly and is error-free.
Marriages between a U.S. Citizen and his/her non-citizen, foreign national fiancé require a specially designated type of visa. This is as a K-1 visa, and is also commonly referred to as a “Fiancé visa”. A K-1 visa allows a foreign national fiancé to enter the United States with a temporary legal status in order to marry their US citizen fiancé. The K-1 visa filing process involves many steps and has several guidelines. To learn the important details on K-1 visa requirements, read our section on:
A K-2 visa is very similar to a K-1 visa but with an important difference. The K-2 visa applies to children of a foreign fiancé. With a K-2 visa, a foreign national fiancé is able to bring his/her children with them into the United States legally. The K-2 visa filing process has very involved steps that must be taken before the status can be awarded. To learn about the filing process and eligibility for K-2 visas, please visit:
Limitations and Restrictions for K-1 & K-2 Visas
Engaged couples who are interested in pursuing a K-1 or K-2 visa should be aware that there are clearly defined restrictions that will affect eligibility.
K-1 (fiancé) Visa Holder Restictions:
- Once a K-1 visa is awarded. the K-1 visa holder must enter the US within six months upon receiving the visa.
- A K-1 visa holder cannot adjust legal status unless he/she is legally married to the US citizen who originally filed the petition.
- If a K-1 visa holder decides to not marry the original US citizen who petitioned for the visa, and decides to marry a different US citizen, he/she must return to their home country and re-start the process.
- If the relationship is unsuccessful, the K-1 visa holder will not be allowed to change status.
- The marriage between the US citizen petitioner and the foreign national fiancé must occur within 90 days of the foreign national’s entry to the United States.
- If a US citizen has applied for two or more fiancé/K-1 visas OR has previously received a K-1 visa approval during a period of two years prior to filing for a new K-1 visa, then they will be required to file a specialized waiver.
K-2 Visa Holder Restrictions:
- K-2 visa holders may only remaind in the United States under K-2 status for up to 90 days.
- Individuals who have previous US immigration law violations will not be permitted to enre the US.
- To qualify for a K-2 visa, individual must be unmarried AND under 21 years of age at the time of entry to the US.
How we can help you
If you are intending on pursuing a fiancé visa, you should be aware of the specific criteria needed to qualify as well as the filing process. Remember, filing for a K-1 or K-2 visa is a very involved process and should be managed by an experienced immigration lawyer.
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