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Fiancés of US citizens (and their dependents) may obtain visas
to enter the United States to marry. The marriage must be concluded within
90 days of entry. Spouses of US citizens and their dependents may obtain
visas to enter the U.S. to await approval of the immigrant visa petition
filed by their spouse.
Overview: There are two types of K visas:
those available to fiancés of US citizens, and those available
to spouses of US citizens.
Fiancés: The K visa is available
to the fiancée/fiancé of a U.S. citizen, who will marry
their intended spouse within 90 days of entry into the United States.
K visa holders are eligible for work authorization upon entry into the
United States.
Spouses: Spouses of U.S. citizens may
be issued K visas while they await the USCIS approval of an immigrant
visa petition. This visa is used to allow a couple that was married outside
of the US to be reunited while they await the USCIS approval of the visa
petition. USCIS processing of the visa petition can sometimes take up
to 12 months.
Procedure: To obtain a K visa, the U.S.
citizen must submit an application to the USCIS in the United States.
For a fiancée petition, the citizen must demonstrate that the couple
has met and has an intention to marry within 90 days of entry. For a spousal
petition, the citizen must demonstrate that the couple is married and
that the I-130 petition has been filed with the USCIS. Once the application
is approved, the fiancée/fiancé will pursue nonimmigrant
visa processing at a U.S. consulate overseas. For K visas this includes
a medical examination, and police record check. Additionally, the citizen
must present evidence that he or she has sufficient funds to support the
foreign national upon entry to the United States. Once the couple has
been married, they will pursue permanent residence for the foreign spouse
in the United States.
Dependents: Minor children of the fiancée/fiancé
are eligible for K-2 visas and will be permitted to enter the United States
with their parent.
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