Bringing your Fiancée or Spouse to the United States
United States citizens may petition to bring a foreign national spouse or fiancée to the United States under the K visa category. Children also may accompany the foreign national to the United States under this category. The law office of James C.T. Hsia is experienced in bringing your loved one to the United States and can help you navigate through the highly specialized field of U.S. Immigration Law.
K-1 Visa for the Fiancée of a U.S. Citizen
A K-1 visa is a nonimmigrant visa benefiting fiancées of U.S. citizen petitioners. It permits the foreign national fiancée of a U.S. citizen to enter the United States for a ninety (90) day period to conclude a marriage with the U.S. citizen petitioner. The marriage must take place within the ninety (90) day period after entry. After the marriage occurs, an application for permanent residence can be made for the foreign national.
The petitioner of the K-1 petition must be a U.S. citizen. The parties must have met in person within the two (2) year period prior to filing the petition; however, a waiver of this requirement may be granted in certain cases. The parties also must provide proof that they have a bona fide intention to marry within ninety (90) days of the fiancée’s entry into the United States and that there are no legal impediments to marriage.
Unmarried children of the K-1 beneficiary may accompany the K-1 beneficiary to the United States on a K-2 visa. Children in K-2 visa status may attend school and, after the marriage of the K-1 parent to the U.S. citizen petitioner may apply for employment authorization.
Basic Requirements for a Fiancé(e) Petition
- You must be a U.S. citizen to file a fiancé(e) petition
- In your petition, you must show that: You are a U.S. citizen
- In your petition, you must show you and your fiancé(e) intend to marry within 90 days of your fiancé(e) entering the United States
- You are both free to marry
- You have met each other in person within 2 years before you file this petition.
However, there are two exceptions that require a waiver:
- If the requirement to meet your fiancé(e) in person would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice; or
- If you prove that the requirement to personally meet your fiancé(e) would result in extreme hardship to you.
K-3 Visa for Spouses of U.S. Citizens
A K-3 visa is a nonimmigrant visa benefiting foreign-citizen spouses of U.S. citizens, but because of current visa processing lags has limited benefit. The K-3 visa permits the spouse of a U.S. citizen who has filed an I-130 Petition to enter the United States to await approval of the petition. Proof of the filing of the I-130 Petition must be included with the K-3 visa petition. Unmarried children of the K-3 beneficiary may accompany the K-3 beneficiary to the United States on a K-4 visa.
Please call the law office of James C.T. Hsia & Associates at (703) 860 8822 to schedule your consultation or use the online form to describe your particular case details.