1. K-1 and K-2
When a U.S. citizen wishes to bring over a fiancé (e), he or she will need to demonstrate that
he /she has met their intended partner within the past 2 years, that both parties are free to marry,
and that there are sufficient financial resources to support the future spouse.
After the I-129 F is approved, the K-1 visa will be issued to the fiancé (e) and the K-2 visa can be issued
to the child of the K-1 fiance (e), and then they will enter the U.S. Within 90 days of entering the U.S. the
parties must marry, and then the K-1 and K-2 applicants can apply for adjustment of status. If the K-1
fiancé (e) does not marry, he/she will be out of status after the 90-day period, will not be eligible to
change visa status to any other designation, and will be expected to depart from the U.S.
2. K-3 and K-4
When a U.S. citizen has already married a foreign spouse, then instead of the K–1,
he/she can apply for the K-3 visa to enter the U.S. In order to be eligible for the K-3 visa,
the applicant must show a receipt from a previously filed I-130 petition, proof of the relationship
and a copy of the marriage certificate.
After the I-129 F is approved, the K-3 visa will be issued to the spouse and the K-4 visa can be issued
to the child of the K-3 spouse, and then they will enter the U.S.
After entering the U.S., the K-3 spouse and K-4 child can apply for adjustment of status to lawful permanent resident.
