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.
Call Tucker, Nong and Associates or contact us online for assistance in filing for K-1 or K-2visa. Our qualified fiancé visa lawyers can make sure your process goes as quickly as possible and that you are not penalized for any administrative errors. Contact us today and let us start helping you reach your goals.