As immigration processing and consular operations returned to normal operations after the COVID closures, the DOS has given the processing of K visas high priority. The U.S. Department of State (DOS), which processes K visa applications, has instructed U.S. Embassies and Consulates to give the processing of K visa cases high priority. Many K visa applications were delayed due to the global pandemic.
Form I-129F is officially called The Petition for Alien Fiancé. According to the DOS website, while an I-129F Petition for Alien Fiancé(e) is typically valid for a limited period, consular officers have the authority to revalidate the I-129F petition in four month increments. DOS said most cases impacted by the suspension of routine visa services or COVID-19 travel restrictions will not be required to file a new I-129F petition.
The K-1 visa is available to the fiancés of U.S. citizens living outside of the United States. Also known as a fiancé visa, a K-1 visa allows the foreign partner of a U.S. citizen to enter the United States to get married.
If a K-1 visa recipient has unmarried children under the age of 21 who they would like to bring with them into the U.S., they will need to additionally apply for a K-2 visa.
A non-citizen who is already married to a U.S. citizen may want to pursue a K-3 visa, which would allow them to legally enter and reside in the U.S. with their spouse while their immigrant visa petition is still being processed.
A K-4 visa would allow a K-3 visa recipient to bring their minor children with them.
Once a K-visa recipient enters the United States, they have 90 days to marry the individual sponsoring their K-visa, or they will have to leave and go through the visa application process again if they wish to come back.
Current U.S. immigration laws allow foreign nationals to enter the U.S. to marry a sponsoring U.S. citizen, but there are strict rules applicable to this kind of visa. Any failure to follow USCIS procedures – and especially a failure to actually marry the sponsoring citizen – can lead to a rejected application, deportation from the United States, and potentially other serious consequences.
If you are married or engaged to a U.S. citizen and want to move to the United States, contact the experienced immigration attorneys at Godoy Law Office in Cook and DuPage Counties, Illinois, to advise you on your case. Please contact our office or call us at 855-554-6369.