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K-1/K-3 Visas


K-1 classification is for noncitizens who seek to enter the United States to marry a U.S. citizen. Prerequisite to the issuance of a K-1 nonimmigrant visa is the approval of a visa petition (I-129F) submitted by the U.S. citizen. Such a petition can be approved only if the petitioner presents satisfactory evidence that the parties: 1)previously met in person within two years before filing the petition, although this requirement of personal meeting may be waived by the USCIS;2) have a bona fide intention to marry; and 3) are legally able and willing to conclude a valid marriage in the United States within ninety days after the noncitizen's arrival. Children of such noncitizensn can apply for K-2 visas.


A noncitizen who has married a U.S. citizen and is the beneficiary of a petition filed in the immediate relative immigrant visa category can qualify for a K-3 visa. To receive K-3 classification, the U.S. citizen spouse should file Form I-129F on the noncitizen's behalf. Children of such noncitizen can apply for K-4 visas.


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