- You (the petitioner) are a U.S. citizen.
- You intend to marry within 90 days of your fiancé(e) entering the United States.
- You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
- You met each other, in person, at least once within 2 years of filing your petition.
- If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
- If you prove that the requirement to meet would result in extreme hardship to you.
After the Fiancé(e) Visa is Issued
Children of Fiancé(e)s
Permission to Work
What happens if we do not marry within 90 days?
We want to make plans for our wedding. How long will this process take?
K-3/K-4 Nonimmigrant Visas
Immigration law allows the alien spouse of a U.S. citizen and his or her minor children to be admitted to the United States as non-immigrants while they are awaiting the adjudication for Alien Relative. It also allows them to obtain employment authorization while they are waiting.
- Be married to a U.S. citizen
- Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf
- He or she is unmarried, under 21, and the child of a qualified K-3 non-immigrant visa applicant
Benefits and Limitations of K-3/K-4 Nonimmigrant Visa
Once admitted to the United States, K-3 non-immigrants may apply to adjust status to a permanent resident at any time. Upon admission to the United States, K-4 non-immigrants may file an application for adjustment of status concurrently with or at any time after a Form I-130 has been filed on his or her behalf by the U.S. citizen petitioner.
Upon admission, K-3 and K-4 non-immigrant visa holders may obtain employment authorization. Upon filing an application for adjustment of status, K-3 and K-4 non-immigrant visa holders may also apply for employment authorization based on that pending application even if the K-3 or K-4 non-immigrant status expires.
The Limitations of the K-3/K-4 Nonimmigrant Visa
When the K-3’s application reaches the Department of State, an immigrant visa is immediately available to him or her such that the he or she and his or her children are no longer eligible for K-3/K-4 non-immigrant status, but rather must immigrate as lawful permanent residents. If the K-4 does not have an approved application at the Department of State at that time, he or she will be ineligible to immigrate with the spouse of the USC.
Automatic Expiration of a K-3 Non-immigrant Visa
- USCIS denies or revokes the Form I-130 visa petition
- USCIS denies a Form I-485 filed by the K-3 non-immigrant or Department of State denies the immigrant visa application filed by the K-3 non-immigrant
- Termination of the marriage through divorce or annulment
If Your Child Turns 21 Before Obtaining Immigrant Status
Holders of K-4 non-immigrant visas will be admitted to the United States for 2 years or until the day before their 21st birthday, whichever is shorter. The K-4 non-immigrant ‘s status will expire when he or she turns 21. If the USC petitioner filed the application on a K-4 non-immigrant’s behalf before the K-4 turned 21, he or she may continue to be eligible for adjustment of status under the Child Status Protection Act.
If Your Child Marries Before Being Issued an Immigrant Visa
Advance Parole for K-3 or K-4 Family Members
Applicants presently in the United States in a K-3 or K-4 non-immigrant classification may travel outside the United States and return using their K-3 or K-4 non-immigrant visa. The only time advance parole is necessary is if the K-3 or K-4 non-immigrant visa has expired and the applicant has an adjustment of status application that remains pending.