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Employment Based Visas
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The foreign-citizen must then apply for adjustment of status to a permanent resident with the Department of Homeland Security’s, United States Citizenship and Immigration Services (USCIS).
Since a fiancé visa permits the holder to immigrate to the US and marry a US citizen shortly after arrival in the United States, the fiancé must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.
Both the citizen/sponsor and the K-1 visa applicant must be legally free to marry and the marriage must be legally possible according to laws of the state in which the marriage will take place.
The K-3 nonimmigrant visa is for the foreign-citizen spouse of a US citizen.
This visa category is intended to give the foreign-citizen spouse the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of a K-1 visa. Spouses of US citizens applying for nonimmigrant K-3 visas must have an immigrant visa petition filed on their behalf by their US citizen spouse. Pending approval, a K-3 applicant must meet some of the requirements of the K-1 visa.
Under US immigration law, a foreign citizen who marries a US citizen outside the United States must apply for a K-3 visa in the country where the marriage took place.
Eligible children of a K-3 visa applicant receive K-4 visas.
Both K-3 and K-4 visas permit the recipients to stay in the US while immigrant visa petitions are pending approval by USCIS.