K1 Visa Immigration Stages (Simplified)

1. Petition Stage (required)
- US Citizen (USC) petitions to bring the alien fiance(e) to the United States. Petition is approved.

2. K1 Visa Stage (required)
- Alien fiance(e) takes a medical exam, and submits the visa applications along with the supporting documentation during the visa interview. K1 Visa is approved and issued to the alien fiance(e) or "Nonimmigrant" permitting travel to the United States.

3. Adjustment of Status (AOS) Stage (required)
- Alien fiance(e) or "Nonimmigrant" arrives in the US, marries petitioner (USC) and files for AOS within 90 days. Some applicants may be scheduled for an AOS interview. AOS is approved. Green Card [conditional one-time two year expiration if married for less than two years] is received and status adjusts from "Nonimmigrant" to "Permanent Resident."

4. Lifting the Conditions of Residence Stage (required)
- "Permanent Resident" and USC file jointly to remove the conditions of residence within 90 days of the two year anniversary date on the Green Card. Condition of residence is removed. "Permanent Resident" receives a new Green Card [RENEWABLE ten year expiration]. Status remains "Permanent Resident."

5. Naturalization Stage (optional)
- "Permanent Resident" has the option of applying for US Citizenship [naturalization] after three years of being married to a US Citizen (one year after lifting the conditions of residence). Applicant attends a naturalization interview. Naturalization is approved and the issuance of the Certificate of Naturalization officially adjusts the status from "Permanent Resident" to "US Citizen."

As noted, Stages 1 - 4 are REQUIRED in order for the beneficiary to legally stay in the United States. Stage 5 is the only OPTIONAL process whereas the beneficiary can choose not to apply.

REMEMBER: The above stages are simplified.

K1 Visas for Fiancée's of American Citizens and Their Children

Eligibility to apply for a Fiancee Visa?

 If you are a U.S. citizen who wants to bring your foreign national fiancee (male or female) to marry in the U.S., you may petition (apply) for a fiancee visa (K-1) for your fiancee. Both of you must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancee in person within the last two years before filing for the fiancee visa. This requirement can be waived only if meeting your fiancee in person would violate long-established customs or would create extreme hardship for you.

K3/K4 Visas for Spouses of American Citizens and Their Children

The K-3 and K-4 Visas allow the Spouse and Spouse's children (unmarried children under 21) enter the United States to await the approval of the I-130 petition by USCIS or the availability of an immigrant visa.

K-3 visa is a two-year validity multiple-entry visa. K-4 visa is a multiple-entry visa valid for two years and its validity must be limited to the day before the K-4 applicant reaches his/her twenty-first birthday.