Clark Hill PLC

Family Based (K & V Visas)

Temporary Visas for Family Members:

K-1 Visa: The K-1 Visa is available to the fiancé(e) of a US citizen who is living abroad and would like to enter the US to marry the US citizen. The process begins by filing an application with the USCIS Regional Service Center, and is completed with an interview at the appropriate US Consulate. Once the fiancé(e) enters the US on the K-1 Visa, he/she must marry the US Citizen within 90 days of admission into the US. This time limit cannot be extended. K-1’s can receive work authorization once they enter the US, but the Visa is for a single entry to the US. Upon marriage, a green card application can be filed. K-2 Visas are available to the children (under the age of 21 to apply for the Visa, and under the age of 18 on the date of the marriage) of K-1 parent.

K-3 Visa: The K-3 Visa is available to the spouse of a US Citizen who is living abroad and would like to enter the US while awaiting the adjudication of his/her green card. The process begins by filing an application with the USCIS Missouri Service Center, and is completed with an interview at the US Consulate in the country where the marriage took place. K-3’s can receive work authorization, and the Visa is valid for multiple entries to the US for two years. The K-4 Visa is available to the children (under the age of 21 to apply for the Visa, and under the age of 18 on the date of the marriage) of the K-3 applicant.

V-1 Visa: The V-1 Visa is available in very limited circumstances to the spouse of a US green card holder who is living abroad and would like to enter the US while awaiting the adjudication of his/her green card. An Alien Relative petition must have been filed for the foreign national family member on or before December 21, 2000. The green card application can be filed for the family in the US or completed at the US Consulate. It is also very important to remember that the 3 and 10 year bars to US reentry can still apply to family members who have spent significant time in the US while out of status.  V-2 Visas are available to the children (under the age of 21 to apply for the Visa, and under the age of 18 on the date of the marriage) of V-1 parent.