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HOME > Practice Areas > K-1/K-3 Visa
   
 

:: K-1/K-3 Visa
The K-1 and K-3 Visas allow fiance(e)s and spouses of U.S. citizens to enter the U.S.

:: K-1/K-3 Visa Eligibility Requirement
First, for K-1 Visa, the fiance(e) of a U.S. citizen must have a bona fide intention to marry within 90 days of fiance's entry. Second, there must be no legal impediments to marriage. Third, if without extreme hardship or long established custom, the couple must have previously met in person within two years prior to filing of the petition.

For K-3 Visa, the spouse of a U.S. citizen must demonstrate that his/her marriage to a U.S. citizen is valid and that the petitioner has filed an I-130 petition on his/her behalf.

:: Immigrant Visa vs. K-1/K-3 Visa
Applicants can enter the U.S. sooner through K-1 and K-3 Visa when compared to an immigrant visa. Also, unlike an immigrant visa, children (unmarried and under 21 years of age) of an alien entitled to K-1 or K-3 classification may accompany the K-1 or K-3 parent.

:: Change of Status
K-1/K-3 Visa holders cannot change their status in the U.S. Also, they can only obtain their Permanent Residence through the U.S. citizens who petitioned for their K-1/K-3 Visas.

:: Employment
K-1/K-3 Visa holders may seek employment by applying for Employment Authorization. Also, dependents of K-1/K-3 Visa holders may seek employment by applying for Employment Authorization.


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