K Nonimmigrant
The K-visa categories for fiancé(e)s of U.S. citizens and their accompanying minor children (K-1 and K-2 visas) were created to speed up the immigration process for such individuals so they could travel more quickly to the United States.
By allowing a fiancé(e) and his/her accompanying minor children to be admitted to the United States as nonimmigrants, fiancé(e)s can be spared a long separation from their intended spouse, while continuing their processing for an immigrant visa after the marriage takes place.
U.S. citizen fiancé(e)s file for their intended spouse on Form I-129F, Petition for Alien Fiancé(e).
- Legal Immigration and Family Equity (LIFE) Act
The Legal Immigration and Family Equity (LIFE) Act amendments of 2000 added the K-3 visa category for foreign spouses and K-4 category for stepchildren of U.S. citizens. Due to a backlog of immigrant visa petitions (Forms I-130, Petition for Alien Relative) at that time, a long separation could occur between the overseas fiancé(e) and their intended U.S. citizen spouse. To prevent a long separation, U.S. citizens were allowed to file an additional petition on Form I-129F while their Form I-130 was pending to allow their foreign spouses and his/her minor children to come to the United States as nonimmigrants in an expedited manner.
The LIFE Act requires applicants to apply for a K-3 visa in the country where their marriage to the U.S. citizen petitioner occurred, or in the event the petitioner and applicant were married in the United States, the country of the applicant’s current residence. After arrival in the United States, they could then complete their processing for permanent residence.
All K nonimmigrants are required to file Form I-485, Application to Register Permanent Residence and Adjust Status, after arrival to adjust status as a permanent resident of the United States.
K nonimmigrants may only adjust status as a permanent resident through the same U.S. citizen (fiancé(e), spouse, or stepparent) that petitioned for them to receive their K visa status.
- Eligibility Criteria
You may be eligible to receive a green card as a K nonimmigrant fiancé(e), spouse, or his/her minor child if you:
- Are the beneficiary of an immigrant visa petition that was filed by a U.S. citizen for their spouse or fiancé(e), or the minor children of that spouse/fiancé(e)
- Have been admitted to the United States as a K Nonimmigrant
- Met the requirement to marry the U.S. citizen fiancé(e) within 90 days of entry if a K-1 visa holder
- Are eligible to adjust status as the spouse or child of a U.S. citizen, or the minor child of a K-1 visa holder
- Have an immigrant visa immediately available
- Are admissible to the United States.
- Application Process
If you entered the United States as a fiancé(e) of a U.S. citizen (K-1), child of a fiancée of a U.S. citizen (K-2), or the spouse or child of a U.S. citizen (K-3 or K-4) you will have to file for adjustment of status in order to get your green card and to remain legally in the United States.
To obtain a green card, you need to file Form I-485.
If you are present in the United States as a K-1 Fiance(e): You should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry the U.S. citizen who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means.
If you are present in the United States as K-2, the minor child of a K-1 Fiance(e): You should seek adjustment of status at the same time as your parent (K-1) since your reason to adjust, in general, depends on your parent’s eligibility to adjust. There are some special rules as to how long you can seek adjustment. Please refer to the related sections below under “Other considerations” for additional information.
The Section 101(b)(1) of the Immigration and Nationality Act defines a “child” as “an unmarried person under twenty-one years of age.” Generally, a K-2 can seek adjustment of status as the minor child of a K-1. Therefore, if the K-2 adjusts status based on the K-1’s adjustment, then the K-2 can only adjust status prior to his or her 21st birthday. Several recent developments may impact a K-2s ability to seek adjustment beyond the age of 21.
If you should attain the age of 21 years while your Form I-485 is pending, you may be covered under the Child Status Protection Act of 2002 (CSPA) (http://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa & http://cspasolution.com/).
If you seek adjustment as a K-3, spouse of a U.S. Citizen: You may seek adjustment as soon as you enter the United States. You can only seek adjustment of status based on your marriage to the U.S. citizen spouse who also petitioned for K-3 status for you.
If you seek adjustment as a K-4, Child of the K-3 spouse of a U.S. citizen: You should seek adjustment of status as soon as your parent seeks adjustment of status. You can only seek adjustment of status on the basis of the marriage of your K-3 parent to his/her U.S. citizen spouse or the stepparent-child relationship this marriage caused and upon which your I-130 is based. See 8 CFR 245.1(c)(6)(ii) for additional information.