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The K-1 Visa, known as the Fiancée Visa, is used by United States citizens who wish to bring their prospective husbands or wives to the United States to conclude a valid marriage within ninety-(90) days of entry. Minor children of fiancées can also accompany them (K-2). In order to petition for a fiancée the United States citizen must have personally met the fiancée within two years of the filing of the petition, unless waived by United States Immigration. The petition is filed with United States Immigration, which must approve the petition, which is then forwarded to the United States consul where the fiancée will apply for his or her K-1 Visa. The fiancée must marry the United States citizen within ninety-(90) days of entry to the United States, and then he or she must file an application for adjustment of status to become a permanent resident.

The above-mentioned LIFE Act has added one additional category of person who may qualify for the new K-3 or K-4 Visa. In order to address the severe backlogs in the processing of petitions for family members, the Act creates a remedy for the spouses of United States citizens who are outside of the United States and waiting for the approval of an immigrant petition (K-3). Any minor children who are seeking to accompany the spouse are also provided protection (K-4). In this way, the spouse and minor children of US citizens can enter the United States immediately, rather than waiting for approval of the petition and processing of the immigrant visa application.

To qualify for this visa, the law requires that the US citizen file an Immigrant Visa Petition (form I-130) in the US, and then file the K-3/K-4 visa petition on United States immigration form I-129F. The I-129F is filed with the USCIS office in Chicago. Once the I-129F is approved, it is sent to the US consulate where the applicant will apply for the visa. The law also provides that only a consular officer outside of the United States can issue the visa; it cannot be issued to someone in the United States. Finally, the law provides that this new K status is available both to individuals with currently pending petitions, as well as future applicants. Once the person enters the US with the K visa, employment authorization will be granted.

To obtain all of the details for filing a K-3/K-4 petition, you should refer to the application form and the K-3/K-4 regulation issued by the United States Citizenship and United States Immigration Services. All of this information is available on this website.

The new V visa allows spouses and minor children of lawful permanent residents (the Family 2A category only) who have been waiting more than three (3) years for a green card, to enter the United States and be granted work authorization.

To qualify for this visa, the spouse or child must have had a visa petition filed by the lawful permanent resident spouse, on or before enactment of the law (December 21, 2000), and the petition must either have been pending with United States immigration for three years or more or, if the petition has been approved, the spouse or minor child must have been waiting at least three years on the waiting list.

The law also provides that periods in the US in unauthorized status will not prevent someone from obtaining a V visa. The law also would allow individuals already in the United States to apply to "adjust status" to the new V category, even if they are in the United States illegally.

Applicants applying for the V visa at a United States consulate abroad will submit form DS-3052 (Non-immigrant V Visa Application), together with form DS-156 (Non-immigrant Visa Application) to the consulate, together with the documents required by said application forms. In addition, all male applicants between the ages of 16 and 45 must complete Supplemental Nonimmigrant Visa Application form DS-157. Individual posts have been given the discretion to require submission of the form from women also.

Those applying in the US must file US immigration form I-539, together with evidence of eligibility as described in Supplement A to the I-539 form. Evidence should include proof of the filing of the I-130 petition that qualifies the beneficiary for V status. They should also submit a current medical examination report, together with the appropriate filing fees for the petition and for fingerprinting. They may also submit form I-765, application for employment authorization, together with the evidence and fees required by said form.

Applicants granted V status will initially be given a maximum period of stay of two years. Extensions may be granted in two-year increments, as long as the applicant continues to remain eligible for V status.

All applications for V status should be submitted to the USCIS office in Chicago. To obtain all of the details for filing a V petition, you should refer to the application form and the V regulation issued by the US Citizenship and United States Immigration Services.

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