Legal Services

Family Based Temporary Visas
Our firm regularly helps our U.S. citizen clients to apply for non-immigrant visas for fiancé(e)s, spouses and minor children. The partners at Durkin & Puri know that each family's situation is different, so they will take the time to thoroughly discuss the best options for your family with you and your loved one. For some people, the fiancé(e) visa is a wonderful option while for others, it might not be the best choice. Durkin & Puri will help guide you towards making the best choices for you.

The Fiancé(e) Visa (K-1) includes:
A U.S. citizen who applies for a fiancé(e) visa must demonstrate that:
  • The U.S. citizen Petitioner and foreign national fiancé(e) have met in person at least once in the two years before the petition is filed
  • The citizen and fiancé(e) are in a bona fide, genuine, loving relationship
  • The couple intends to marry within 90 days of the fiancé(e) entering the United States

Benefits of the K-1 fiancé(e) visa include:
  • The fiancé(e)'s unmarried children under 21 years old can enter the United States as K-2 visa holders and, after their parent's marriage to the U.S. citizen petitioner, the K-2 children can apply to adjust status in the United States
  • Employment is authorized upon entry into the United States
  • After marrying, the K-1 visa holder can apply to adjust status and obtain his or her green card in the United States allowing the new family to begin life together more quickly

Restrictions on the K-1 fiancé(e) visa include:
  • An individual who enters on a K-1 visa cannot later apply to adjust status based on any other grounds than marriage to the person who filed the K-1 petition.
  • Someone in K-1 status cannot apply to change status to another non-immigrant classification once s/he is in the United States

K-3/K-4 Visas for Spouses and Minor Children
of U.S. Citizens

This non-immigrant visa is for foreign nationals who have married a U.S. citizen spouse abroad. The goal behind creating the K-3 visa category was to reduce the amount of time that families were separated during the immigrant visa process. With the K-3 and K-4 non-immigrant visas, family members can be more quickly reunited in the United States while awaiting a decision on permanent resident status.

Important information about the K-3/K-4 visas:
Before a foreign national spouse becomes eligible for a K-3 visa, the U.S. citizen spouse has to first file an I-130 immediate relative petition. Only after the I-130 petition is filed can the U.S. citizen apply for a non-immigrant petition for their spouse to be given K-3 status
  • The foreign national spouse has to apply for the K-3 visa in the country in which the marriage took place
  • Certain unmarried children of the foreign national who are under 21 years old will be eligible for a K-4 visa. Children are eligible for the K-4 if they were under the age of 18 when their parent married their step parent.
  • Those who enter the U.S. in K-3 or K-4 status cannot change status to another nonimmigrant category, nor can they adjust status except on the basis of marriage to the same U.S. citizen who filed the K-3 visa.

For more information or to schedule a consultation with Durkin & Puri contact us.
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