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Limitations or restrictions of a K-1/K-2 Visa

For the K-1 Visa Holder:

  • The K-1 visa holder has six months after the date the K-1 visa is issued to enter the United States.
  • The K-1 visa holder’s status cannot be adjusted unless he or she married the person who originally filed the petition, within 90 days of arrival to the US. If the K-1 visa holder meets someone else, they will be required to return to their home country and start the process over again.
  • If for some reason, relationship with the U.S. citizen petitioner does not work out, the K-1 visa holder will not be allowed to adjust their status to a permanent resident status or change to any other non-immigrant status.
  • Marriage to the U.S. citizen petitioner must occur within 90 days of entering the United States of America in order to apply for an adjustment of status without the need for additional immigration filings. If the marriage and filing for adjustment of status do not occur within 90 days, the K-1 visa holder will be in unlawful status. If the couple still intends to marry after the 90 day requirement, the US citizen spouse must file form I-130 concurrently with the intending immigrant’s adjustment of status application.
  • If you have applied for two or more K-1 visas (does not matter when) or received K-1 visa approval within a period of two years prior to filing the current K-1, then you must file an additional waiver. This can be done when you submit your I-129F form by providing a written statement detailing your reasons for requesting a waiver.

For the K-2 Visa Holder:

  • Cannot change to any other non-immigrant visa.
  • Can only stay in the United States as a K-2 holder up to 90 days.
  • Not permitted to enter the United States if you have committed previous infractions of U.S. immigration law.
  • Must be unmarried and under 21 years old at the time of entry into the United States.

(Updated 10/12/2012 by AD)

For more information on how to obtain a K-visa, please click on the following links: