There are two main types of K visas – K-1 Fiancé(e) and K-3 Spousal visas. In order to qualify, the petitioner must be a US citizen filing on behalf of his or her fiancé(e) or spouse. K-2 and K-4 visas are derivative visas allowing unmarried children (under the age 21) of the fiancé(e) or spouse to enter the US as well.
K-1 Visa is given to a fiancé(e) of a US citizen for the sole purpose of entering the US to marry the US citizen spouse within 90 days of his or her arrival. Any minor children accompanying the K-1 status individual may be granted K-2 visas.
For K-1 visas, it is important to establish a bona fide intention to marry within 90 days after entry and that there are no legal barriers to the marriage.
K-3 visa allows the foreign-citizen spouse of the US citizen to enter into the US to await approval of his or her immigrant visa petition. The benefit of K-3 visas is that it shortens the physical separation between the foreign national and his or her US citizen spouse by giving the foreign national nonimmigrant visa status to enter into the US to reunite with his or her spouse, while waiting for their immigrant petition to be approved and for his or her permanent resident visa to be processed. K-4 visas are derivative nonimmigrant visas given to children of those foreign nationals qualified for K-4 visas, allowing the children to enter into the US and await the availability of their immigrant visas.
It is important to note that a K-3 visa is for a person who has a valid marriage to a US citizen and that US citizen has filed an immigrant petition on behalf of his or her spouse. If the immigrant petition is denied, the K-3 status automatically ends after 30 days of the denial.
K-3 visa must be issued by the US Embassy or Consulate in the country where the marriage took place. The processing time for K visas vary depending on the circumstances and on the Consulate where it is processing. In Canada, the processing time for K-1 visas are approximately 2-7 months. The processing time for K-3 visas usually take around 6-8 months.
For further information with respect to US and Canadian immigration or to find out if you or a company employee is eligible for temporary or permanent relocation to Canada or the US, we invite you to contact our experienced immigration lawyers and attorneys by contacting the Bomza Law Group at:
1-800-993-9971 or by clicking here: “Contact Us”.