For American citizens seeking to reunite with their foreign-born fiancé(e)s and children, understanding the legal pathways for family immigration is crucial. The K-1 visa serves as the primary mechanism for unmarried partners to enter the United States, while the K-2 visa extends this opportunity to their minor children.

The K-1 Fiancé(e) Visa Process

The K-1 nonimmigrant visa is specifically designed for foreign nationals engaged to U.S. citizens, allowing them to enter the country for marriage. Established under provisions of the Legal Immigration and Family Equity (LIFE) Act, this visa requires recipients to marry their U.S. citizen petitioner within 90 days of arrival.

Key requirements for K-1 visa applicants include:

  • Both parties must be legally free to marry
  • The couple must have met in person within the past two years
  • The U.S. citizen petitioner must meet minimum income requirements
  • The marriage must occur before the visa expiration

Employment Authorization for K-1 Holders

While K-1 visa holders may legally reside in the United States, they must obtain an Employment Authorization Document (EAD) before accepting employment. This application process typically begins after arrival in the country and can take several months to complete.

K-2 Visa Provisions for Minor Children

The K-2 visa enables children of K-1 applicants to accompany their parent to the United States. Eligibility requirements include:

  • The child must be under 21 years old
  • The K-1 visa holder must have legal custody of the child
  • All children must be unmarried

Children entering on K-2 visas may attend school and, like their parents, must apply separately for work authorization if desired. Their immigration status is directly tied to the primary K-1 visa holder's status.

Adjustment of Status After Marriage

Following marriage, K-1 visa holders must file for adjustment of status to obtain permanent residency. This process includes submitting Form I-485 to U.S. Citizenship and Immigration Services (USCIS) along with supporting documentation and fees.

Successful applicants transition from conditional resident status to permanent resident status, typically after a two-year period. During this time, couples must demonstrate the ongoing validity of their marital relationship.