“K” Visa overview
What are the legal fees to get a fiancé(e) or spouse “K “visa?
Our quotes for full legal representation through the application and review process are as follows. The United States application fees are in the next section.
K-1 Visa (a qualifying alien fiancé(e) of a US Citizen); $800
K-2 Visa (children of K-1 applicant); Free with K-1 Application
K-3 Visa (alien spouse of a US Citizen); $800
K-4 Visa (children of K-3 applicant); Free with K-3 Application
What are the US fees to get a fiancé(e) or spouse “K” visa?
K1- $586 – This does not include the cost of the medical exam or fingerprinting fees. These requirements may be completed at this time or in conjunction with your Permanent Resident Application. That fee is also not included here.
K-2 $131 per child. This does not include the cost of the medical exam or fingerprinting fees. These requirements may be completed at this time or in conjunction with your Permanent Resident Application. That fee is also not included here. If the child does not travel within one year of the issuance of the K-1 visa, then the total is $586 per child.
K-3 $941 – This does not include the cost of the medical exam or fingerprinting fees. These requirements may be completed at this time or in conjunction with your Permanent Resident Application. That fee is also not included here.
K-4 $131 per child. This does not include the cost of the medical exam or fingerprinting fees. These requirements may be completed at this time or in conjunction with your Permanent Resident Application. That fee is also not included here.
What are the visa requirements?
K-1/K-2 – Overseas Fiancé(e)/children of fiancé(e)
To qualify as a fiancé(e), current immigration law requires that the marriage is legally recognized by the state where the marriage will take place AND by the United States. Example; A same sex marriage is recognized by some states but is not by Federal laws.
Generally speaking the two parties must have met in person within the past two years, and are currently engaged or contracted to be married. Once the K’1 visa holder arrives in the United States the wedding must take place in 90 days. As long as the fiancé(e) has K-1 status, then their children are allowed K-2 derivative status.
In terms of procedure, the US Citizen will submit the “Petition for Alien Fiancé(e)” (I-129F) in the United States office assigned to his/her geographical location. This petition should include the unmarried children of the fiancé(e) intending to come to the United States. When this petition is approved, his/her fiancé(e) can apply for a K-1 visa at the embassy or consulate of their permanent residence, and the qualifying children will be able apply for a K-2 visa which will follow the status of their K-1 holding parent.
The actual requirements of the fiancé(e) visa application may vary depending on the office, but generally speaking the fiancé(e) will need to prove that they will legally be married to the US Citizen and can legally travel to the United States, and they will need to provide evidence of financial support. Any foreign documents will need to be translated.
Note about the K-2 visa – The stepparent/stepchild relationship must be created before the child reaches the age of 18.
K-3 – Overseas spouse
First the US Citizen will file an immigrant “Petition for an Alien Relative (I-130),” then a “Petition for Alien Fiancé(e)” (I-129F) – even though its for a spouse. After these petitions are approved the alien spouse will apply at the embassy or consulate where the marriage took place.
NOTE: 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.
The actual requirements of the spouse visa application may vary depending on the office, but generally speaking they must submit a Non-immigrant visa application, proof that the spouse can travel to the US, proof of a valid marriage to the US spouse and evidence of financial support.
K-4 – Children of the overseas spouse
As mentioned above, 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. The child must be unmarried and under 21 years old. Best practice is for the US citizen to list the K-3 children on the I-129F petition but no I-130 petition is required until the K-4 child applies for a Green Card.
NOTE: Once the K-3 parent successfully applies for a Green Card, their status changes from a visa holder to a permanent resident alien. The child does not automatically follow the status of their parent in that case, and is left without a visa and could begin to accrue unlawful presence.
What if the alien is not eligible to receive a visa?
The consular officer will inform the visa applicant, if they are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver process is. The legal cost for a waiver of ineligibility is substantial, and depends on the reason for ineligibility.
How long can I stay using a fiancé(e) or spouse visa?
The I-129F petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires.
Can I travel using this visa?
Not with a K-1 or K-2 visa, this visa only allows one entry into the United States. Additional travel permission may be applied for and approved under certain circumstances. On the other hand, K-3 and K-4 aliens are free to travel with this visa but should not travel outside of the United States for more than 12 months.
Can I work using this visa?
Yes, with permission, a K visa holder may apply for Employment Authorization (Legal Fee = $350/US Fee = $340).
Additional questions? Looking to get started? Fill out our online questionnaire to take your next step or click here to return to our Immigration page.
