Am I Eligible?

Fiancé(e) of U.S. Citizen (K1) and minor children (K2):

To be eligible for a “K1” non-immigrant visa:

  1. Both petitioner and beneficiary must be free to marry (single, divorced or widowed). Legal separation is not accepted.
  2. The couple must have met in person within the past 2 years.

The U.S. citizen must file an I-129F petition on behalf of the applicant with the nearest U.S. Bureau of Citizenship and Immigration Services (USCIS) in the U.S. Note that I-129F petition cannot be filed in Brazil. Learn more.

Note: Unmarried children under 21years old may accompany the parent to the United States or may apply for a visa later, to join the parent after the parent has already entered the United States, been married, and become a permanent resident. If applying later, the child´s visa application must be made within one year of the date the parent´s fiancé(e) visa was issued.

Spouse of a U.S. Citizen (K-3) and minor children (K4):

To be eligible for a “K3” non-immigrant visa an applicant must:

  1. Be the spouse of a United States citizen;
  2. Have a Form I-130 (Petition for Alien Relative) pending approval with USCIS; and
  3. Have a Form I-129F completed and approved by the USCIS on his/her behalf.

The U.S. citizen sponsor, must first file Form I-130, Petition for Alien Relative, with Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office in the United States. The USCIS will send a Notice of Action (Form I-797) receipt notice to inform you that it has received the petition. See the USCIS website under K-3/K-4 Nonimmigrant Visas for more information.

The U.S. citizen sponsor must then file Form I-129F, Petition for Alien Fiancé(e), for his/her foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition for a K-3 visa.

After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing.

To be eligible for a “K4” nonimmigrant visa, an applicant must be the unmarried child (under 21 years of age) of a “K3” visa applicant or holder.  Learn more.

Note: To be eligible for a “K4” nonimmigrant visa, an applicant must be the unmarried child (under 21 years of age) of a “K3” visa applicant or holder. If the child is also the child of the U.S. citizen, he/she will only qualify for a K4 visa if he/she has no claim to United States citizenship and his/her other parent qualifies for a K3 visa.