There are certain requirements that the K visa holders must adhere in order to maintain their status once they arrived in the U.S. After a foreign national fiancé has obtained a K-1 visa and entered the U.S., he/she must get married to the U.S. citizen who petitioned for him/her within 90 days of admission. It is important to note that the K-1 foreign national may only marry the K-1 petitioner.  USCIS will not approve an I-130 petition for foreign national relative if the K-1 fiance married a person other than the K-1 petitioner.  After marriage, the U.S. spouse may file an immigrant petition and adjustment of status application for the foreign national or an application for adjustment of status.  The spouse of a U.S. citizen admitted into the U.S. with a K-3 visa is authorized to remain in the U.S. for a period of 2 years specified on his/her Form I-94.  If the I-130 petition was not filed concurrently with the K-3 nonimmigrant petition, the U.S. citizen spouse may file the immigrant petition and the foreign national spouse may file an application for adjustment of status to become a permanent resident.  The minor children of K-1 or K-3 visa holders will be admitted for a period of time the same as that of their parents or until the day before such children's 21st birthday or marriage, whichever is shorter. As dependents of the K-3 foreign national spouse, the K-4 children can also adjust their status with the K-3 spouse.

 

Contact the Immigration Lawyers at Smith & Garg today for more on how to maintain your K-Visa Status