The visa classification K-1 applies to aliens proceeding to the United States to marry American citizens. K-2 visas are for the children under 21 years old of K-1 applicants.
The K3 visa is available to the spouses of United States citizens and their children under the age of 21 (K4) for whom an immigrant visa petition has been filed, but not yet approved by the Bureau of Citizenship and Immigration Services of the Department of Homeland Security (USCIS). The visa entitles the holder to travel to the United States to await the approval of the immigrant visa petition.
First Step : Filing a Petition
Petition for Fiancé(e) K1 Visa:
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.
Petition for Spouse (K3) Visa:
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.The NVC will give you a case number and send your petition to the U.S. Consulate General in Rio de Janeiro. Learn More.
Second Step: Applying for a Visa
The NVC will mail you, the U.S. citizen sponsor, a letter when it sends your beneficiary´s case to the U.S. Embassy or Consulate. Once you receive this letter, inform your fiancé(e) to follow the instructions in the next pages to apply for a K-1 visa and prepare for the interview.
Eligible children of K-1 or K-3 visa applicants may apply respectively for K-2 or K-4 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.