K-Visa – an Immigrant Visa Issued to Someone Who Intends to Migrate to the Us Permanently

Video Transcript

Welcome viewers to the legal segment of sitaarre TV this is Shweta Khandelwal, I’m an attorney I specialize in immigration law and I practice here in Santa Clara. For the last couple of episodes, we have focused on issues and concerns for non-immigrant visa holders we’ve discussed the H-1b, the H-4, the L2 and the other categories of visas. Today we are going to digress from non-immigrant visas and talk about some immigration issues that could be relevant for US citizens, yes US citizens. So let’s talk about a category of visas called the K visas, these visas are referred to as hybrid visas because they are a known immigrant visa issued to someone who intends to immigrate to the US or move to the US permanently. Now if you are a US citizen and you wish to have your spouse or your fiancée come to the US that would be the K-Visa, your spouse or fiance would enter the US on a K-visa. Now a K1 visa is issued to a fiancee of a US citizen and it is issued for the purpose of marriage which means that the fiancee can come to the US solely for the purpose of marrying the US citizen. After the marriage is solemnized, your spouse can now file for adjustment of status to get his or her green card. It is important that you file the adjustment sooner rather than later, even though there is no legal limit within which the adjustment petition is filed but definitely you should file the adjustment within two years of the marriage. It is important that the K-Visa holder actually marries the person who has filed for the visa and not anybody else. Moreover, the fiancee is also issued an employment authorization document. At the time of adjustment, USCIS will investigate into the bona fides of the marriage, therefore it’s a good practice to retain an immigration attorney to file your adjustment petition who can represent you right up to the interview. A k3 visa is available to a spouse of a US citizen and allows the spouse to come and visit the US, now if your marriage has taken place outside the United States then you can use a k3 visa to get your wife or husband in the US but again this visa is only available for a US citizen, also it is important to remember that you must have an immigrant visa petition filed at the time of applying for a k3 visa so the idea of the k3 visa was to ensure that a husband and wife do not live separately for long just because it is taking an extended period of time for the immigrant visa to get approved, so the Gateway visa was giving you a quicker opportunity to join your spouse while your green card was already in process. However, it is seen that it is taking pretty long for a k3 visa to get approved nowadays it almost takes up to 6 months so this kind is defeating the purpose for which the visa was actually introduced. Nevertheless, it’s good to remember that this is a multiple entry visa and it shoot for a period of two years and if your green card is pending for whatever reason this is a good option. Once your spouse comes to the US on the k3 visa he or she can always apply for adjustment of status. Again the minor children of the spouse or the fiancee can also enter the US on the K visa, I hope you found the session informative and useful as always feel free to send me your comments suggestions and feedback at sweta@khandelwalaw.com, see you next week.