K Visas Categories

A K Visa is a non-immigrant category that allows United States citizens to request that the beneficiary such as fiancé(e)s, spouses, and the child derivatives of fiancé(e)s and spouses, to enter the United States under a non-immigrant status and adjust in the United States without waiting for consular processing overseas. It is important to attain a knowledgeable immigration lawyer if you are applying for this type of visa.

If you are applying for a K Visa, it can be beneficial to attain an experienced DC K Visa attorney who understands immigration law. They can ensure that the paperwork is filled out correctly and review evidence to prove the marriage occurred and is still ongoing.

Categories

K visas include K-1s, which allow a fiancé(e) of a United States citizen to travel to the United States and marry the United States citizen within 90 days of admission. Both the United States citizen and the foreign fiancé(e) must be free to marry, meaning they both must be unmarried and any previous marriages must have ended through divorce, annulment, or death. Additionally, the United States citizen must have met with the fiancé(e) in person within the last two years before filing the K-1. K-2 visas allow the children of the fiancé(e) to enter the United States if their parent qualifies for the K-1 visa.

K-3 visas allow spouses of United States citizens that are presently overseas, either because the marriage occurred overseas or the beneficiary previously had permanent resident status and it was abandoned, to reside in the United States as a non-immigrant to wait for the I-130 to be approved. In order to apply for the K-3 visa, the petitioner must prove that the spouses are in a valid marriage, that the petitioner is a U.S. citizen, and that an I-130 has been filed on behalf of the beneficiary, but that it has not been adjudicated. Individuals request a K-3 visa in order to have the beneficiary enter the United States to wait for the approval of the I-130. K-4 visas are the visas granted to the children of a K-3 visa recipient.

Conditional Permanent Resident Status

A conditional permanent resident status is a two-year Green Card given to marriages that are entered into less than two years preceding the filing of the petition.

Ninety days before the expiration of the permanent resident conditional status, the conditional resident must file Form I-751 to remove conditions and demonstrate that the marriage is ongoing by submitting documentary evidence. If the marriage is not ongoing, the conditional resident submits Form I-751 under an applicable waiver.

After the marriage, the K-1 may file Form I-485 to adjust status and obtain permanent resident status.

Potential Roadblocks

One of the usual roadblocks is the failure to provide evidence of meeting or failure to provide waiver evidence to qualify for an exception to the meeting requirement. Other roadblocks include failure to apply for immigrant status for the nonimmigrant derivatives before they turn 18 (establishing a step-parent relationship) or failing to file an I-130 for K-2s before they turn 21, or failing to obtain K-2 status for K-1 derivatives within one year of the K-1 approval. Other common roadblocks include the usual grounds of inadmissibility that may bar admission to the U.S.

Attaining a Lawyer

Providing evidence of the petitioner’s U.S. citizenship and evidence of meeting within the last two years (or a waiver of the requirement) along with other documents requested by NVC will ensure that the visa will not be denied, as well as avoids unnecessary delays. Potential K visa applicants with inadmissibility issues should take the precaution of consulting with an attorney before applying for this benefit.

There are many benefits to hiring an immigration lawyer. They can review your documents and ensure that you are filing your application correctly. It is important to take steps to ensure that nothing is wrong on the application.