K-Visas - Spouse, Fiancé (e) and Child(ren) of U. S. citizens

There are four types of "K" visas:

1. K1 - Fiancé (e) of an U.S. Citizen
2. K2 - Child(ren) of K-1 visa applicants
3. K3/K4 - Spouse and Child(ren) of an U.S. Citizen

If you are a U.S. citizen and you want your foreign fiancé (e) to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiancé (e) in the United States.

You must file the Petition for Alien Fiancé (e), Form I-129F, with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad.

After the USCIS office approves the petition, it sends the petition to National Visa Center for processing, which then sends it to the embassy or consulate where your fiancé (e) will apply for a K-1 nonimmigrant visa.

After the Embassy has received the approved visa petition according your status as a fiancé/e, you will receive a letter ("Packet 3") instructing you how to proceed further. When you come for your interview, please bring the following documents:

• A passport valid for at least six months from the date of the interview.
• A completed Form DS-230 (PDF 175 KB) (part I only) Biographic Data form.
• Two completed DS-156 (non-immigrant visa application) forms, and one completed of DS-156K (PDF 56.6KB) (supplemental form for nonimmigrant fiance(e) visa applications). Do not sign the DS-156K supplemental form until instructed to do so by the Consular Officer.
• Two photos. 
• A copy of your official birth certificate issued by the Registrar of Births.
• Police Certificate.
• Evidence of Support: You must show evidence that you will not become a public charge in the U.S. A completed Affidavit of Support form along with supporting documents from your sponsor is helpful in proving that your sponsor has sufficient financial resources.
• Proof of Relationship: You will be asked for evidence that you have met your fiancé(e), and for proof of a valid engagement. Bring letters, e-mails, phone bills, photographs, and other evidence of your relationship.
• Proof of the Legal Termination of any Previous Marriage: death certificate of spouse, or decree of divorce or annulment.
• Court and Prison Records: If you have been convicted of a craime or other offense, obtain a certified court record covering each offense.
• Statement concerning your intent to enter into a valid marriage with youe fiancé/e within 90 days of your admission into the U.S. Do not sign this statement until instructed to do so by the Consular Officer.
• A medical examination from one of our panel physicians.
• A demand draft for the Visa Application fee. the demand drafts should be made out to "U.S. Embassy, New Delhi" and drawn on a nationalized or foreign bank.

Additional information on Fiance(e) visa is available on the Department of State Travel site.

K2 Visa - Child of the Fiancé (e) of a U.S. Citizen

The child of a fiancé (e) may receive a derivative K-2 visa from his/her parent's fiancé (e) petition. The U.S. citizen petitioner must make sure that he/she names the child in the I-129F petition. Documentary requirements for a K2 visa are similar to those for a K-1 visa. K-2 applicants should bring the folowing documents with them to the interview:

• A passport valid for at least eight months from the date of the interview.
• Two completed DS-156 (non-immigrant visa application) forms.
• One complete DS-156K form (PDF 56.6KB)
• Two photos.
• A medical examination from one of our panel physicians.
• A copy of the child's official birth certificate issued by the Registrar of Births and other proof of relationship to the K-1 visa applicant.
• Affidavit of Support: You must show evidence that you will not become a public charge in the U.S. A completed Affidavit of Support form along with supporting documents from your sponsor is helpful in proving that your sponsor has sufficient financial resources
• A demand draft for the Visa Application fee. The demand drafts should be made out to "U.S. Embassy, New Delhi" and drawn on a nationalized or foreign bank.

K3/K4 Visa for the Spouse/Minor child of a U.S. Citizen

What is a K-3 Visa?

What is a K-4 Visa?

What is a "spouse"?

Filing - two petitions required

National Visa Center (NVC) sends petition to post

A spouse of a U.S. Citizen (K-3) is also an immigrant

Applying for a visa

Children have derivative status

If the child is not named in the I-129F petition, will that be a problem?

Can a K-3 visa holder work in the United States?

How long does an Employment Authorization Document take?

What if the applicant is ineligible for a visa?

How do I qualify for a child of a spouse (K-4) non-immigrant visa status?

How does a K-4 child adjust status in the United States?

Can those with K-3 and K-4 visas change to another non-immigrant visa category in the United States?

Can I travel and re-enter the U.S. on my K-3 or K-4 visa?

How do I apply for a social security number?

What is a K-3 Visa?

Spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas (K-3 and K-4) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status. You are eligible to apply for a K-3 visa if you are married to a U.S. citizen who has filed an immigrant visa petition (I-130) on your behalf. The U.S. citizen petitioner must also file a second petition, the I-129F, with U.S. Citizenship & Immigration Services (USCIS) in the United States in order for you to be able to apply for a K-3 visa. USCIS must approve this second petition before you can begin K-3 visa processing overseas. The petition will be forwarded to the Embassy or Consulate from the National Visa Center (NVC) in the United States. 

What is a K-4 Visa?

To qualify for a K-4 visa, an applicant must be the minor, unmarried child under 21 years of age of a qualified K-3 applicant. The U.S. citizen who filed an I-129F petition for his or her spouse does not have to file a separate I-129F petition for the child of that spouse. These children should, however, be listed on the I-129F petition of the spouse. A child with a K-4 visa will not be able to file for adjustment of status in the United States until the U.S. citizen parent/stepparent files an immigrant visa petition (I-130) for that child. 

What is a "spouse"?

A spouse is a legally wedded husband or wife. Cohabiting partners do not qualify as spouses for immigration purposes. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy, only the first spouse qualifies as a spouse for immigration.

U.S. law does not allow polygamy. If you were married before, you and your spouse must show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you may file only for the first spouse.

Filing - Two Petitions are Required

You must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the USCIS Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition.

You file a Petition for Alien Fiancé(e), form I-129F for your spouse and children. Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to this Department of Homeland Security USCIS Address on their web site.

National Visa Center (NVC) Sends Petition to Post

After the USCIS approves the I-129F, it sends it to the National Visa Center (NVC). The NVC sends the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the United States, the NVC sends the petition to the embassy or consulate that issues visas in the country of your spouse's nationality.

If your marriage took place in a country that does not have a U.S. embassy, or the embassy does not issue visas, the NVC sends the petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the United States does not have an embassy, the petition would be sent to Turkey. 

A Spouse of a U.S. Citizen (K-3) is Also an Immigrant

The spouse of an U.S. citizen applying for a nonimmigrant visa (K-3 applicant) must have an immigrant visa petition on his/her behalf by the U.S. citizen spouse. Therefore, the spouse of the U.S. citizen (the K-3 applicant) must meet some of the requirements of an immigrant visa. 

Applying for a Visa

The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place. The embassy or consulate will let you know any additional things to do, such as where you need to go for the required medical examination. The following is required:

•  A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.
• Two completed DS-156, Nonimmigrant Visa Application forms
• One DS-156K, Nonimmigrant Fiancé(e) Visa Application form
•  Two nonimmigrant visa photos (two inches/50 X 50 mm square, showing full face, against a light background)
• Police Certificate, in original.
• Court and prison records: If you have been convicted of a crime or other offense, obtain a certified court record covering each offense.
• Birth certificates from the official Registrar of Births.
• Registered marriage certificate and other proof of relationship. Note that a deed of marriage is not sufficient proof.
• Proof of relationship with any child (K-4) visa applicant.
• Proof of the legal termination of any previous marriage: death certificate of spouse, or decree of divorce or annulment
• A medical examination from one of our panel physicians.
• Evidence of Support: You must show evidence that you will not become a public charge in the U.S. A completed I-134 Affidavit of Support form along with supporting documents from your sponsor is helpful in proving that your sponsor has sufficient financial resources.
• A demand draft for the Visa Application fee. The demand drafts should be made out to "U.S. Embassy, New Delhi" and drawn on a national or foreign bank with a branch in New Delhi.  

The consular officer may ask for additional information. It is a good idea to bring marriage photographs and other proof that the marriage is genuine.

Documents in foreign languages should be translated into English. Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the visa interview. Original documents can then be returned to you. 

Children have Derivative Status

Children do not need separate Petition for Alien Relative, I-130 petitions, but you, the petitioner, must take care to name all your children on the Petition for Alien Fiance, I-129F petition. If you do not name the children on the petition, they may find it difficult to prove their identity as children of a K-3 applicant or person in K-3 status.

You must file separate I-130 immigrant visa petitions for your children before they qualify for permanent residence. When they adjust status in the United States, they must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS Office that serves the area where you live. Remember that under immigration law children must be unmarried and under 21 years of age. 

If the Child is Not Named on the I-129F Petition, Will That be a Problem?

The K-4 visa will not be denied because the child's name is not listed on the I-129F petition as long as it can be established that he/she is the minor, unmarried child of the applicant issued a K-3 visa. 

Can a K-3 Visa Holder Work in the United States?

As a K-3 visa holder, you can file form I-765, Application for Employment Authorization with the USCIS office that serves the area where you live for an employment authorization document (work permit). 

How long does an Employment Authorization Document take?

The length of time varies from case to case.  Some cases are delayed because the applicants do not follow instructions carefully or supply incomplete information.  (It is  important to give us correct postal addresses and telephone numbers.) In addition, the Embassy may need to get security clearances for the applicant.  

What if the Applicant is Ineligible for a Visa?

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

• Drug trafficking
• Overstaying a previous visa
• Practicing polygamy
• Advocating the overthrow of the government
• Submitting fraudulent documents

The consular officer will inform you, the visa applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility, and what the waiver process is.

How do I Qualify for a Child of a Spouse (K-4), Non-immigrant Visa Status?

To qualify for K-4 issuance, an applicant must be the minor, unmarried child under 21 years of age of a qualified K-3 visa applicant. The U.S. citizen who files an I-129F petition for an alien spouse does not have to file a separate I-129F petition for a child of his/her spouse. These children should be listed on the I-129F petition for the spouse. While the U.S. citizen must also file an I-130 petition for the alien spouse, there is no requirement to file a Form I-130 immigrant visa petition on behalf of the alien's children seeking K-4 nonimmigrant status, since K-4 is a derivative nonimmigrant classification. 

How Does a K-4 Child Adjust Status in the United States?

The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

Can Those With K-3 and K-4 Visas Change to Another Non-Immigrant Visa Category in the United States?

K-3/K-4 visa holders cannot change status in the United States to another non-immigrant visa category.

Can I Travel and Re-enter the U.S. on my K-3 or K-4 Visa?

Aliens present in the United States in a K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S., USCIS will not presume that the departure constitutes abandonment of an adjustment application. 

How Do I Apply for a Social Security Card?

Before your spouse arrives in the United States, you can help her or him apply for a social security number card. To learn more about this process, visit the website for the Social Security Administration.