Immigration: What is a K-Visa?

A K-visa is a Fiancée Visa for fiancé’s of US citizens.  This is a temporary visa which allows the foreign national to travel to the US for the purposes of marrying the US citizen.  The US citizen and the foreign national fiancé must have met in person within the two years immediately preceding the filing of the visa petition.

The fiancé visa does allow for a relationship based on an “arranged marriage situation” if this is a normal religious custom or tradition in the native country.  For instance, if the engagement was arranged by the parents of the engaged couple, or by a marriage broker, that is acceptable; but the couple still must have met each other in person within the immediately preceding two years.

For instance, US citizen “Joseph” was born in the US.  He communicates online with Bopha  in Cambodia, and after a time, the couple begins to have feelings for each other.   Joseph travels to Cambodia to visit with Bopha, and the couple decides to become engaged.  Bopha has a nine year old daughter named Ary.  Joseph returns to the US and petitions for a K-1 Fiancée Visa for Bopha and includes Ary in the process. 

When the petition is approved, the approval notice is forwarded to the National Visa Center in order to complete the consular processing packet.  Joseph must show his ability to support both Bopha and Ary in the US, by submitting copies of his US tax returns, or retirement income, or disability benefits. 

Bopha and Ary will have their medical exams by an immigration-approved physician in Cambodia to prove that they have all their vaccinations and that they do not have a communicable disease, and they will be fingerprinted, and attend their personal interview at the US Consulate in Cambodia.  Joseph does not need to attend the interview at the US Consulate in Cambodia.  When the US Consulate approves their case, Bopha and Ary will make arrangements to travel to the US on a K-1 and K-2 Fiancée Visa.

Upon their arrival in the US, Bopha and Joseph must marry each other only within 90 days of Bopha stepping foot on US soil.  Then, Bopha will file the remaining Application papers for the issuance of her permanent resident visa, or “green card” in the U.S.  Joseph will attend the interview scheduled for the couple at the local office of US Citizenship and Immigration Services.  If the couple is married for less than two years at the time of the stateside interview, then Bopha will be given permanent resident status with an expiration date of two years.  She and Joseph must apply to Remove Conditions on her permanent resident visa within the 90-days preceding the second anniversary of her permanent resident status, or risk losing her status. 

Now that the Defense of Marriage Act (DOMA) has been overturned by our US Supreme Court, same-sex couples can also apply for K-1 Fiancée Visas.  The relationship does not have to be legal in the foreign national’s country of residence, but the couple must plan to marry in a state in the US which allows same-sex marriage.