K-1 visas are for fiancé(e)s of U.S. citizens who are entering for the sole purpose of getting married within 90 days of their admission. Minor children of the K-1 visa holder are eligible as derivatives for admission under the K-2 visa. To be eligible, individuals must establish that:
- They have the legal capacity to marry;
- That they met the U.S. citizen within two years of filing the petition; and
- That they are otherwise admissible or eligible for a waiver.
The K-3 visa is a relatively new visa designed to circumvent the procedural difficulties of the immigration process. The K-3 visa is designed for people already married to U.S. citizens, when the U.S. citizen spouse has filed an immediate-relative immigrant petition, and the beneficiary seeks admission while waiting approval. The children of K-3 visa holders are issued K-4 visas. K-3 and K-4 visa holders are admitted for two years.
However, be aware that applicants who seek these visas must still be deemed admissible. Admissibility refers to those persons who may be legally admitted to the country. Even with a careful reading of the statutes, a reader will find it nearly impossible to determine a cohesive pattern. Generally, however, the inadmissibility grounds can be described as falling into seven categories:
- Security and foreign policy;
- Immigration violations;
- Quasi-criminal; and
The inadmissibility grounds are applied to those persons who have not been legally admitted to the country or who seek a new immigration status. If you or a family member are looking for an immigration attorney, contact a California and Kentucky attorney at Rodriguez Lopez, APC to help you with your federal immigration law needs. You can also Schedule an Appointment.
Check out immigration attorney Rafael Rodriguez on Avvo: https://www.avvo.com/attorneys/91226-ca-rafael-rodriguez-5136333.html
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