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K VISA - FIANCE(E) VISAS OR FAMILY REUNIFICATION

I. SUMMARY
II. WHAT IS K STATUS?
III. WHO QUALIFIES FOR K1, K3, &K4 STATUS?
IV. WHAT FORMS DO I USE TO APPLY?
V. FAMILY MEMBERS
VI. FEES TO INS/CONSULATE
VII. PROCEDURE

FIANCE(E) VISAS (K-1)
FAMILY REUNIFICATION (K3 & K4)

FIANCE(E) (K1)- This non-immigrant visa allows you to come to America to marry an American citizen and then live here. Once your petition for a Fiancé(e) visa has been approved, you only have 4 months to get your visa issued from your consulate. Your visa is valid for 6 months, however, you must get married within 90 days after you are admitted to America. After you are married, you must apply to the INS to establish your conditional permanent residence status. When you have been married for two years, you can petition to remove your conditional status.

FAMILY REUNIFICATION (K3 & K4) - Now the K Visa can also be used for a spouse of a United States citizen (K3) and the children of the spouse of the United States citizen (K4).

If you intend to work, you must obtain authorization from the INS by obtaining a Employment Authorization document.

It is important to remember that you should not make any final plans until you have been issued your visa. There is no guarantee that once your visa is issued, that you will be allowed to enter America. The INS has the authority to deny you admission into America and can determine how long you can stay.

It is a non-immigrant visa that allows you to come to America one time to marry an American citizen. You must get married within 90 days after your visa has been issued.

FIANCE(E) (K1)

• You are coming to America to meet an American citizen;
• You are both legally willing and able to get married in America;
• You have previously met in person within the last two years (this can be waived by the Attorney General);
• If you are a legal permanent resident, you must marry abroad and then petition for your spouse to immigrate.

FAMILY REUNIFICATION (K3 & K4)

There are four qualifications necessary to obtain a K3 or K4 Visa. All four qualifications must be met before the processing of the K Visa can begin.

• Marriage to a United States citizen
• Beneficiary of a petition (I-130) already filed with the Immigration and Naturalization Service (INS) as the spouse of a United States citizen (and the petition has not been approved yet).
• Beneficiary of a special petition filed and approved by the INS in the United States.
• Desire to enter the United States to await the approval of the I-130 petition by the INS or the availability of an immigrant visa.

FIANCE(E) (K1)

A. FORM I-129F: Your petitioning spouse will need to complete Form I-129F, Petition for Alien Fiancé(e) with the INS office which has jurisdiction over the area where the petitioning citizen lives.

FAMILY REUNIFICATION (K3 & K4)
There must be an I-130 filed already. Once there is an approved I-130, Your petitioning spouse will need to complete Form I-129F, Petition for Alien Fiancé(e) with the INS office which has jurisdiction over the area where the petitioning citizen lives

B. SUPPORTING DOCUMENTATION: You will need:

C. PHOTOGRAPHS: Two photographs 1 and ½ inches square (37x37 mm) for each applicant. It must show a full face against a light background.

D. PASSPORT: You will need a passport valid for six months beyond the expiration date of the visa.

F. EMPLOYMENT AUTHORIZATION: You will need to apply for an Employment Authorization Document, Form I-765 before you can work in America.

G. NOTICE OF APPROVAL: You will receive notice of your approval on Form I-797.

H. VISA APPLICATION: Once you have received notice of your approval, you must file:

1. A visa application Form OF-156,
2. Valid passport for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
3. $45.00 application fee
4. $20.00 machine readable visa fee
5. Two photographs 1 and ½ inches square (37x37 mm) for each applicant. It must show a full face against a light background with your consulate, which will then issue the visa.
6. If your family is accompanying you to America, you must submit a separate form OF-156 for each visa applicant, including infants, photos and a $20 fee for each applicant.
7. All supporting documentation listed above

V. FAMILY MEMBERS

You may bring your unmarried, minor children with you to America on a derivative K-2 status, but they must be named in the petition. If they do not come with you when you first come to America, they can follow you within 1 year from the date that your K-1 visa was issued. If they do not come within the year, you will have to apply for them separately.

 VI. FEES TO INS/CONSULATE

FIANCE(E) (K1)

There is a $95.00 filing fee to the INS.  There is a $45.00 fee for your visa. There may be other fees that will be determined at the time of filing.

FAMILY REUNIFICATION (K3 & K4)

The fee for the fiancée I-129F is $95.00. The fee for the I-130 which had already been filed is $110.00. A $45.00 processing fee will be required at the time of the consular interview.

VII. PROCEDURE

After you have an I-130 pending, you must file an I-129F with the U.S. Immigration and Naturalization Service in Chicago, IL 60680-7218, at P.O. Box 7218. There will be an interview at the consulate in the country where the beneficiary is currently. The I-129F must be approved before he/she is eligible to apply for the K Visa at the consulate abroad. At the time of the interview a medical examination report will also be required.