The
new categories of nonimmigrant visas created by the LIFE Act may
be issued to certain spouses of Lawful Permanent Residents,
their dependent children (V1, V2, V3) and to spouses of U.S.
citizens who were married overseas and the dependent children of
the alien spouse (K3, K4). Those issued any of these visas may
enter the United States as nonimmigrants to complete the process
of immigration in the United States.
The new K visa
What does the “new” K mean:
The purpose of new K visa is to reunite families that have been
or could be subject to a long period of separation during the
process of immigrating to the United States. Holders of the new
K visas will be able to wait in the US for this process to be
completed.
The new parts of the K category are intended for use by both a
spouse of a United States citizen and by the spouse's children.
The nonimmigrant visa for the spouse will be called a K3 visa
and the visa for the spouse’s children will be called a
K-4.
The original K (fiance/e) nonimmigrant visa category for the
fiance/e of a US citizen will continue, though it will now be
called the K-1 for visa purposes. The visa for a child who will
be immigrating with a K-1 alien will still be a K-2 nonimmigrant
visa.
How do I qualify for
a K visa?
To qualify for the new K nonimmigrant visa (known as the K3
NIV),the applicant for the visa must prove:
1. his/her marriage to a U.S. citizen is valid, and
2.
he/she is the beneficiary of a petition (I-130) already filed
with the US Immigration and Naturalization Service (INS) as the
spouse of a U.S. citizen, but which petition has not yet been
approved by INS, AND
3.
he/she is also the beneficiary of a special petition filed with
and approved by INS in the United States, AND
4.
he/she wishes to enter the United States to await the approval
of the I-130 petition by INS or the availability of an immigrant
visa.
All
four qualifications must be met before overseas processing of
the request for the K visa can begin.
If
an I-130 petition for the spouse is already at the overseas
post, then an immigrant visa will be processed instead of the
nonimmigrant K visa. If an immigrant visa based upon the I-130
petition for the spouse has already been denied, then neither
the spouse nor the spouse’s children may qualify for a K3 or
K4 visa.
K3 and K4 Visa
Applications:
Applicants for the K3 and K4 visas must apply for those visas in
the country where the marriage to the US citizen took place.
Exceptions:
If the marriage took place in the US, then the visa application
must take place abroad in the country where the visa applicant
resides.
If the marriage took place in a country where there is no US
consular section providing nonimmigrant visa services, then the
application for a visa shall take place in the country
designated by the Department of State for immigrant visa
processing for residents of the country where the the wedding
took place.
V1 and V2 Visa
Applications:
Applicants for V visas must be made at the post where their
immgrant visa was to be processed. Generally this is the
overseas post named in the I-130 petition upon which the claim
to V status is made.
Application fee: Each visa applicant must pay the Machine
Readable Visa processing fee to apply for the visa (currently
$45). Each consular section abroad has a specific means of
collecting this fee. For example, some posts require pre-payment
of this application fee through a bank or other collection
agent. Consult with the post that will be processing the K or V
visa about ways to pay. Details should be available on websites
linked to below.
Medical Examination fee: Each applicant must have a medical exam
by a doctor chosen by the US consular officer to give such
examinations . Since these medical examination fees are
different in each country, applicants for the V or K visa should
consult with the post they will be processing with to find out
the cost of these required medical examinations. Only the
Embassy or Consular appointed panel physician can complete these
examinations. Check for details through the websites linked
below.
Other fees: There are no visa reciprocity fees for these visas,
and, aside from fees required for the processing of waivers of
ineligibility or any required fingerprinting or, in certain
cases, for special delivery arrangements or special
telephone-arranged interview appointments, no other fees are
required. Applicants will also require proof of the relationship
claimed in the form of marriage and birth certificates or
certain foreign police certificates which might require fees to
be paid to other governmental agencies.
What does the “new”
V visa mean?
The new V1 and V2 nonimmigrant visas allow certain spouses of
lawful permanent residents and the children of those spouses to
travel to and from the US and to reside in the US while they
wait for the final completion of their immigration process. It
does not matter whether that process will be completed by
adjusting status in the US or in securing an immigrant visa
overseas. The spouse and unmarried children of lawful permanent
residents who qualify for the V1 and V2 visas will be able to
visit and reside with their lawful permanent resident family
member. The V visas for adults will be valid for multiple
requests for entry for ten years; for children under the age of
11, these visas will also be issued for multiple entries and
with a 10 validity date; for children 11 years old or older, the
visa will be valid for multiple requests to enter and will
remain valid until the holder’s 21st birth day. Moreover,
holders of V1 and V2 visas may apply for employment
authorization documents to work in the US. Other benefits
available with V1 and V2 status after admission or after INS has
changed an alien’s status, are discussed at the INS website,
http://www.ins.gov.
Who does not benefit
from the V visa?
Among those who do not directly benefit from this “new” V
visa are:
