Learning About the U.S. Immigration System: The K Visa

Tim and Lei Mei were married on December 31, 2008 at a beautiful New Year’s Eve service in Beijing, China. Tim and Lei Mei had been dating for three years and were extremely excited to be getting married. Lei Mei has two young children from a previous marriage. Tim has become extremely close with Lei Mei’s children and has begun to think of them as his own. Tim and Lei Mei want to live in Boston, Massachusetts where Tim has a stable job.

Even though Tim and Lei Mei were just married, they are very worried that they will not be able to live together in the coming months or possibly, even years. That is because Tim is a U.S. Citizen, but Lei Mei is a citizen of China.

Examples like Tim and Lei Mei’s situation are common for families where the husband and wife are citizens of different countries. For a couple that wants to live in the United States, the newly married couple is faced with the prospect of living apart while the husband or wife who is a U.S. Citizen applies for their spouse to become a Legal Permanent Resident of the U.S. This process can take months or even years. To help alleviate some of this stress, the U.S. government implemented the K visa.

If you are a U.S. Citizen, the K visa is a valuable tool in helping you and your spouse remain together throughout the immigration process. The K visa is available in two situations. First, the K visa is an option for a husband or wife of a U.S. Citizen if the couple was married in a location outside of the United States. Second, a K visa can be used for a fiancé of a U.S. Citizen to travel to the United States and be married in the U.S.

In addition to allowing a family to live together in the United States, the K visa has some other benefits that might make it attractive to a U.S. Citizen who married a man or woman from another country. First, the U.S. Citizen’s spouse or fiancé’s children are also able to come to the U.S. with their parent on a K visa. Therefore, in Tim and Lei Mei’s example, Lei Mei’s children are able to travel with her to the U.S. to live with her and Tim. Second, a person with a K visa is allowed to work in the United States. Therefore, the U.S. Citizen’s spouse or fiancé is able to work in the U.S. during the time that their green card application is being reviewed by the U.S. government.

While there are positive aspects of the K visa, it is also important to know about the negatives. First, the K visa application is costly. However, the K visa is unlike many other U.S. visas in that it allows the person holding the visa to work and earn money as soon as he or she enters the United States. Second, if a non-U.S. Citizen uses a K visa as a fiancé, intending to come to the U.S. to marry a U.S. Citizen, they only have 90 days from the time that the he or she enters the U.S. to be married. Therefore, be careful to plan ahead to be sure that you and your loved one meet this deadline. Third, the children of the non-U.S. Citizen must be under 21 and unmarried to be able to travel with their parent on a K visa. If they are married or over 21, other types of visas must be considered. Finally, a K visa is only available for the fiancé or spouse of a U.S. Citizen. Therefore, if you are a Lawful Permanent Resident, you must first become a U.S. Citizen before you can use a K visa for a loved one.

The K visa is something that every U.S. Citizen should consider when they marry a non-U.S. Citizen living outside of the United States. It allows families to be united in the U.S. and to live together throughout the lengthy immigration process.

Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC. Mr. Pabian can be reached at (617) 951-3100 or by email at kpabian@pabianrussell.com if you would like to schedule a consultation or are in need of immigration assistance or advice.