Fiance/Spouse (family) Visas

March 17, 2023
Bringing your Fiancee or Spouse to the United States.

As a United States citizen, you may petition to bring a foreign national spouse or fiancee to the United States under the K visa category. Children also may accompany the foreign national to the United States under this category. Immigration Attorneys at Birg Law in Chicago are 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 Fiancee Visa

A K-1 fiance visa is a nonimmigrant visa benefiting the fiancées of U.S. citizen petitioners. It permits the foreign national fiancee 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 fiance visa 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 fiancee'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 fiance visa 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.

K-3 Spouse Visa

A K-3 spouse visa is a nonimmigrant visa benefiting foreign-citizen spouses of U.S. citizens, but because of current visa processing lags has limited benefits. The K-3 spouse 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 spouse visa petition. Unmarried children of the K-3 beneficiary may accompany the K-3 beneficiary to the United States on a K-4 visa.

This summary is not intended to be a legal consultation and is intended to be a general description. A legal consultation is necessary before any action is taken. Please call Birg Law (847) 579-9989.