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K-1 & K-3 Visas

K-1 Visa: 
 
     The K-1 visa is available to fiancés and fiancées of U.S. citizens. Before K-1 visa is stamped at an appropriate U.S. Embassy or Consulate abroad, the applicant must have approved I-129F by USCIS.
 
The key feature of K-1 visa: 
  • The K-1 visa holder must marry the petitioning U.S. citizen fiancé(e) within 90 days of entry into the U.S. in K-1 status. 
  • K-1 visa holders can apply for an Employment Authorization Document (EAD) that would allow them to work  legally in the US. 
  • Children of a K-1 applicant may enter the U.S. with a K-2 visa as long as the child is under 21 years of age. 
K-3 visa: 
 
     The K-3 visa is available to spouses of U.S. citizens to enter the United States to adjust their status and acquire green card. To be eligible to enter into the USA with K-3 visa, the U.S. citizen spouse must file first an I-130 immigrant visa petition on behalf of his or her spouse, upon getting receipt, then file the I-129F petition on behalf of the alien spouse. Upon I-129F being approved by USCIS, the alien spouse is eligible to apply for the K-3 visa through the U.S. Embassy or Consulate in the country in which the marriage took place:
 
The key feature of K-3 visa: 
  • The K-3 visa allows the alien spouse to make multiple-entries into the U.S. with initially being valid for two years, during which time the visa holder must either apply for permanent residence or apply to extend the K-3 visa. 
  • Before applying K-3 visa through consulate or Embassy, if I-130 petition has been approved, the alien spouse cannot enter into U.S. with K-3 visa, instead, alien spouse must enter into USA through immigrant visa.
  • A K-3 nonimmigrant is eligible to apply for an Employment Authorization Document (EAD) to legally work in USA.
  • Children of a K-3 applicant may enter the U.S. with a K-4 visa as long as the child is under 21 years of age and was under the age of 18 at the time the K-3 parent and the U.S. citizen were married.