What is a K-1 visa?
K-1 visas are for aliens (and their dependents (K-2)) who wish to travel to the United States in order to marry their U.S. citizen fiancé(e) and reside in the U.S. If issued, the visa will be valid for a single entry into the U.S. during the six months immediately following its issuance. After entry into the U.S., in order to be eligible for immigrant status, the alien has 90 days to marry their American citizen fiancé(e). Once the marriage has taken place in the U.S. the U.S. citizen spouse will be able to file a Form I-130 with the United States Citizenship and Immigration Services (USCIS) in the U.S. to obtain legal permanent residence status for their new spouse.

What is the procedure for K visas?
The U.S. citizen must initiate the petition for K visas with the United States Citizenship and Immigration Services (USCIS) office in the U.S. If approved, the USCIS will forward the petition to the National Visa Center, which will then forward the petition to the U.S. Embassy in La Paz. Once the Embassy receives the petition, the informational packets will be mailed to the beneficiary of the petition (visa applicant). Once all the necessary documentation is gathered (as detailed in the informational packets) the beneficiary (visa applicant) may then come to the U.S. Embassy in La Paz with all the proper documentation any Wednesday at 1:30 pm for the visa interview. A consular officer conducts an interview with the visa applicant to determine whether he/she is eligible for the visa. If all documents are in order and the applicant is found eligible, a visa will be issued. The applicant’s passport will remain with the Consular Section in order to place the visa in their passport. The applicant will pick up his/her passport with the visa at Window 5 at 4:30pm the same day of the interview. After receiving the K visa, the alien will have 6 months to travel to the U.S. where he or she will present his/her passport with the visas to the immigration officer at the port of entry to enter the United States.

What are the procedures for obtaining K-1 (Fiancée) visas?
The U.S. citizen must initiate the Petition for Alien Fiancé(e) Form I-129F with the United States Citizenship and Immigration Services (USCIS) office that has jurisdiction over his or her place of residence in the United States. It is not possible to file a Petition for Alien Fiancé(e) for a K visa at the U.S. Embassy in La Paz. Both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States. The petitioner and beneficiary must have previously met in person within the past two years (unless the Attorney General waives that requirement).

For more detailed information on how to file a Petition for Alien Fiancé(e) Form I-129F and other procedures with the United States Citizenship and Immigration Services (USCIS) please read the information on their website, especially the following links:

How Do I Bring My Fiancé(e) to the United States?
http://uscis.gov/graphics/howdoi/fiance.htm

Application Procedures: Bringing a Fiancé(e) to Live in the United States
See http://uscis.gov/graphics/howdoi/fianceapp.htm.

If the USCIS approves the Petition for Alien Fiancé(e) Form I-129F, they will forward the petition to the National Visa Center, which will then forward the petition to the Embassy. The petition will be valid for four months following its approval (although its validity can be extended by a consular official). Once the Embassy receives the petition, they will send a “Fiancé(e) Packet” to the beneficiary (visa applicant) of the petition. Once all the necessary documentation is gathered (as detailed in the Fiancé(e) Packet), the beneficiary (visa applicant) may then come to the U.S. Embassy in La Paz with all proper documentation any Wednesday morning at 8:30 am for the visa interview.

What documents are necessary for the visa interview for K-1 Visas?
Since a fiancé(e) visa applicant is an intending immigrant, he or she must meet some of the requirements for an immigrant visa as well as for a non-immigrant visa.
At the time for the interview please present originals and photocopies of the following documents for each applicant (including dependents):

What happens after the interview if the visa is issued?
A consular officer conducts an interview with the visa applicant to determine whether he/she is eligible for the visa. If all documents are in order and the applicant is found eligible, a fiancé(e) visa K-1 will be issued. The applicant’s passport will remain with the Consular Section in order to place the visa in his/her passport. The applicant will pick up his/her passport with the visa at Window 5 at 4:30pm the same day of the interview. After receiving the fiancé(e) visa, the alien will have 6 months to travel to the U.S. where he or she will present his/her passport with the visas to the immigration officer at the port of entry into the U.S. Once admitted, the alien fiancé(e) will receive a stamp in his or her passport giving temporary permission to work pending marriage to the U.S. citizen. The marriage must take place within 90 days of admission into the United States. Following the marriage, the alien spouse must apply to the USCIS to establish a record of entry for conditional permanent residence status. After two years, the alien may apply to the USCIS for removal of the conditional status.

Does the fiancé(e) visa automatically change to a Permanent Resident Card Form I-551 (“green card”) after the marriage?
No. After the marriage takes place, the U.S. citizen must contact the United States Citizenship and Immigration Service to change the alien spouse's status to legal permanent resident. Information on how to do so will be given to the alien fiancé(e) upon his/her entry to the U.S. Also, for more information visit the following website: How Do I Change My Fiancé(e)'s Status to Lawful Permanent Resident Status?

What about Family Members of an Alien Fiancé(e)
Unmarried children under the age of 21 of a K-1 beneficiary (alien fiancé(e)) derive "K-2" nonimmigrant visa status from the parent so long as the children are named in the petition. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. Thereafter, a separate immigrant visa petition is required.

Who is ineligible for a K-1 visa? What about waivers?
Applicants who have a communicable disease, or have a dangerous physical or mental disorder; are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution; are likely to become a public charge; have used fraud or other illegal means to enter the United States; or are ineligible for citizenship, must be refused a visa. The two-year foreign residency requirement for former exchange visitors is also applicable. If an applicant is found to be ineligible, the consular officer will advise the applicant whether the law provides for a waiver.

What is a K-3 Visa?
Alien spouses of U.S. citizens (and the alien spouse's children (K-4)), can come to the United States on nonimmigrant visas (K-3 and K-4) and wait in the United States to complete the immigration process. The K3/K4 visa category was created to reunify family members living outside the United States with their American citizen relatives in the US. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.

Who can apply for a K-3 Visa:
1. The applicant must be the legal spouse of a U.S. citizen
2. The applicant’s U.S. citizen spouse must have filed, for the applicant, a Petition for Alien Relative Form I-130 with the United States Citizenship and Immigration Services office in the U.S. with jurisdiction over U.S. citizen’s residence for the applicant, which still pending approval.
3. The applicant must have a petition Form I-129F filed on his/her behalf by his/her US citizen spouse

What are the procedures for obtaining a K-3 visa?
To file a petition Form I-129F the U.S. Citizen petitioner must send the completed Form I-129F and supporting documents (detailed on the Form) and a copy of the Notice of Action Form I-797 sent to the petitioner after the Form I-130 was approval by the United States Citizenship and Immigration Services (USCIS). The documents should be sent to:

United States Citizenship and Immigration Services
P.O. Box 7218
Chicago, IL 60680-7218

For more information on how to file a petition Form I-129F and other procedures with the USCIS visit the following website: How Do I Become a K-Nonimmigrant as the Spouse or Child of a U.S. Citizen? (K-3 and K-4 Visa Classifications).

If the USCIS approves the petition Form I-129F, it sends it to the National Visa Center (NVC). The NVC sends the petition electronically to the embassy or consulate in the country where the marriage took place. If your marriage took place in the United States, the NVC sends the petition to the embassy or consulate that issues visas in the country of your spouse's nationality. The petition will be valid for four months following its approval (although its validity can be extended by a consular official). If the U.S. Embassy in La Paz receives the petition Form I-129F we will send the beneficiary (visa applicant) an informational packet. Once all the necessary documentation detailed in the informational packet is gathered, the beneficiary (visa applicant) may then come to the U.S. Embassy in La Paz with all proper documentation any Wednesday at 1:30 pm for the visa interview.

What documents are necessary for the visa interview for K-3 Visas?
Since K-3/4 visa applicants are intending immigrants, they must meet some of the requirements for an immigrant visa as well as for a non-immigrant visa.
Applicants must bring the following to the visa interview for each applicant (including dependents):

A consular officer conducts an interview with the visa applicant to determine whether he/she is eligible for the visa. If all documents are in order and the applicant is found eligible, a K-3 visa will be issued. The applicant’s passport will remain with the Consular Section in order to place the visa in their passport. The applicant will pick up his/her passport with the visa at Window 5 at 4:30pm the same day of the interview. After receiving the K-3 visa, the alien will have 6 months to travel to the U.S. where he or she will present his/her passport with the visas to the immigration officer at the port of entry into the U.S.

I would like to apply for the K3 visa, but I have children from a previous relationship. Can they travel with me to the United States?
Yes. The unmarried children under the age of 21 of a K3 visa applicant or holder are eligible for the K4 visa.

When does the K3/4 visa expire?
The K3/4 visa is valid for 24 months after the date of issuance, and is good for multiple entries to the United States.

Is my stay in the United States limited under the terms of the K3/4 visa?
No. As the bearer of a K3/4 visa, you may live in the United States until your immigrant visa case is processed.

I have a K3/4 visa. May I work in the United States?
Yes. K3/4 visa bearers may request work authorization upon arrival in the United States by submitting form I-765 (Application for Work Authorization) and the $120 fee (fees are subject to change; please check current information to confirm) to DHS at the following address:
United States Citizenship and Immigration Services
P.O. Box 7216
Chicago, IL 60680-7216

Is the K3/4 visa an immigrant or a nonimmigrant visa?
The K3/4 visa is a nonimmigrant visa, but is processed in the immigrant visa
section of the United States Embassy or Consulate, since bearers of the K3/4 visa effectively receive permanent resident status in the United States.

Who is ineligible for the K3/4 visa?
The following individuals ARE NOT eligible for the K3/4 visa: