A K-1 visa is a United States nonimmigrant visa benefiting fiancés and fiancées of U.S. citizen petitioners. A K-2 visa may be obtained by a K-1 visa holder’s minor children. A K-2 visa holder may enter the U.S. with the K-1 visa holder or enter at a later time. The K-3 Visa allows the spouse of a U.S. citizen, who is waiting abroad for an immigrant visa, and the (K-4 Visa) spouse's children to enter the United States as nonimmigrants, re-unite with their family here, and then apply for immigrant status while in the country. It is one of several immigration benefit provisions created by the Legal Immigration Family Equity Act (LIFE Act).
Spouse - If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are:
- Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.
- Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:
- Petition for Alien Relative, Form 1-130; and
- Petition for Alien Fiancé(e), Form I-129F
Fiancé(e) - If you are an American citizen, you may bring your fiancé(e) to the United States to
marry; and live here.
- Nonimmigrant visa for fiancé(e) (K-1) - To travel to the United States for marriage. An I-129F fiancé(e) petition is required.
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