V, K-1, K-3 and K-4 Family Based Visas
V RELATIVE VISA
How Do I Become a V-Nonimmigrant as the Spouse or Child of a U.S. Permanent Resident? (V-1, V-2 and V-3 Visa Classifications)
Background
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category (V) within the immigration law that allows the spouse or child of a U.S. Lawful Permanent Resident to live and work in the United States in a nonimmigrant category. The spouse or child can remain in the United States while they wait until they are able to apply for lawful permanent residence status (Adjusting Status), or for an immigrant visa, instead of having to wait outside the United States as the law previously required.
What Does the Law Say?
The Immigration and Nationality Act is a law that governs immigration to the United States. For the part of the law concerning V nonimmigrant status and the process of applying for permanent residence status, please see INA §§ 101(a)(15) and 214(o) (V nonimmigrant status); § 248 (change of status); and § 245 (immigration petition and adjustment of status). The specific eligibility requirements and procedures for qualifying as a V nonimmigrant, obtaining that status and applying for permanent residence are included in the Code of Federal Regulations [CFR] at 8 CFR § 214.15, 248, and 245.
Who is Eligible?
A person may apply at a U.S. consulate abroad for a V-1 or V-2 visa or seek V-1 or V-2 nonimmigrant status while in the United States, if that person:
is lawfully married to a Lawful Permanent Resident of the United States (V-1), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2); and
is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000; and
has been waiting at least 3 years since the petition was filed for status as a Lawful Permanent Resident because the petition is still pending, or has been approved but:
an immigrant visa is not yet available; or,
there is a pending application to adjust status or application for an immigrant visa.
The derivative child of a V-1 or V-2 nonimmigrant is eligible for a V-3 visa or for V-3 status.
Will I Get a Work Permit?
Persons in V-1, V-2, or V-3 status are eligible to apply for a work permit. You should file an Application for Employment Authorization to apply for a work permit.
Can I Travel Outside the United States?
If you obtain a V nonimmigrant visa from a consular office abroad, you may be inspected and admitted to the United States in V nonimmigrant status after traveling abroad as long as you continue to possess a valid, unexpired V visa and remain eligible for V nonimmigrant status.
When you are granted V nonimmigrant status in the United States by the BCIS, you will need to obtain a V visa from a consular office abroad in order to be inspected and admitted to the United States as a V nonimmigrant after traveling abroad. (You will not need to apply for a V visa abroad in order to be admitted if you have traveled to contiguous territories or adjacent islands, have another (different category) valid visa, and are eligible for automatic revalidation.) Procedures for obtaining a V nonimmigrant visa abroad are found in the Department of State regulations at 22 CFR 41.86 (66 FR 19390, April 16, 2001). In addition, you must remain eligible for admission in V nonimmigrant status.
A V nonimmigrant with a pending Application to Register Permanent Residence or Adjust Status, does not need to obtain advance parole prior to traveling abroad. This means that an alien in V nonimmigrant status may be readmitted as a nonimmigrant despite the fact that he or she is an intending immigrant with a filed application for adjustment of status or an immigrant visa. The departure of a V nonimmigrants with a, pending applications for adjustment of status is not considered to have abandoned the adjustment application upon departure.
Important Note: If you have accrued more than 180 days of unlawful presence in the United States (or 365 days), then travel abroad and are admitted or readmitted as a V nonimmigrant, you have triggered a 3- or 10-year bar to admission. The law exempts V nonimmigrants from the 3- (or 10-) year bar for purposes of admission to the United States as a V nonimmigrant but does not exempt them from the bar when they later apply for an immigrant visa or for adjustment to LPR status. That means that although you will be admitted or readmitted to the United States in V status, you may be unable to adjust status to LPR unless an individual waiver for that ground of inadmissibility is granted. To the extent that you may be eligible, you may apply for the waivers found at section 212(g), (h), (i), and (a)(9)(B)(v) of the Act.
K-1 FIANCEE VISA
How Do I Bring My Fiancé(e) to the United States?
Background
If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with BCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you, your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.
If your fiancé(e) intends to live and work permanently in the United States, your fiancé(e) should apply to become a permanent resident after your marriage. (If your fiancé(e) does not intend to become a permanent resident after your marriage, your fiancé(e)/new spouse must leave the country within the 90-day original nonimmigrant admission.) Please note, your fiancé(e) will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status.
Your fiancé(e) may enter the United States only one time with a fiancé(e) visa. If your fiancé(e) leaves the country before you are married, your fiancé(e) may not be allowed back into the United States without a new visa.
What Does the Law Say?
The Immigration and Nationality Act (INA) is a law that governs the admission of people into the United States. For the part of the law concerning fiancé(e) (K-1) visas, please see INA § 214. The specific eligibility requirements and procedures for applying for the fiancé(e) (K-1) classification are included in the Code of Federal Regulations [CFR] at 8 CFR § 214.2(k).
Who is Eligible?
U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States.
You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States.
Will I Get a Work Permit?
After arriving in the United States, your fiancé(e) will be eligible to apply for a work permit. (You should note that BCIS might not be able to process the work permit within the 90-day time limit for your marriage to take place.) If your fiancé(e) applies for adjustment to permanent resident status, your fiancé(e) must re-apply for a new work permit after the marriage.
K-3 AND K-4 NONIMIGRANT VISA AS SPOUSE OR CHILD OF A US CITIZEN?
Background
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.
What Does the Law Say?
The Immigration and Nationality Act is a law that governs immigration to the United States. For the part of the law concerning K-3/4 nonimmigrants and their process of applying for permanent residence status, please see INA § 214 (nonimmigrant status); and, § 204 and § 245 (immigration petition and adjustment of status). The specific eligibility requirements and procedures for qualifying as a K-3/4, obtaining that status and applying for permanent residence are included in the Code of Federal Regulations [CFR] at 8 CFR § 214, 204, and 245.
Who is Eligible?
A person may receive a K-3 visa if that person:
- has concluded a valid marriage with a citizen of the United States;
- has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;
- seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status; and
- has an approved Form I-129F, Petition for Alien Fiancé, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse.
A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.
Will I Get a Work Permit?
Persons in K-3 or K-4 status and applicants for adjustment to permanent resident status from K-3 or K-4 are eligible to apply for a work permit while their cases are pending. You should file an Application for Employment Authorization to apply for a work permit.
Can I Travel Outside the United States?
If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.
How Can I Check the Status of My Application?
Click on the menu button to the left, labeled "Check Case Status" and enter your file number.
This website was developed as a preliminary tool for individual, immigrant and investor awareness. It is filled with sources of free information. We do not make any claims regarding the accuracy of information found in this website. Additionally, you should not rely on the information provided herein as some of the information may be outdated. You should consult with licensed attorney and other licensed professionals such as accountants and realtors before making any final decision
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