US Immigration Visas : Non Immigrant Visas

Family Based

U.K. citizens can apply for a derivative nonimmigrant visa if they are the spouse or child (unmarried and under 21 years of age) of a nonimmigrant visa holder. In general, the spouse or child is allowed to stay in the U.S. for the duration of the principal visa holder's duration of stay. In general, family members do not receive work authorization as a derivative, except for the E-2 and L-2 visas. While spouses and dependents of a nonimmigrant visa, such as H-1B, are eligible for an H-4, "cohabitating partners", who are not spouses or dependents, can apply for the B-2 visa.

K Visas - Fiance or Fiancee of U.S. Citizens
The K-1 visa is a non-immigrant visa which recognizes the individual’s intent to emigrate based on a planned marriage to a U.S. citizen. If you are a fiancee of a U.S. citizen intending to travel to the U.S. for marrying within 90 days of entering the U.S. and taking up indefinite residence after marriage, you will require a K-1 fiancee visa. No extensions to the 90 days are available. You are eligible for the K1 fiance visa if:

  • You and your fiance are legally eligible to marry under the laws of your country as well as the laws of the U.S. 
  • You will marry the petitioning U.S. citizen within 90 days of entering the U.S. 
  • You intend to enter the U.S. solely to marry the U.S. citizen 
  • You have met the U.S. citizen within the last two years before filing for the K1 fiance visa. However, this requirement can be waived only if meeting your fiance in person would violate long-established customs, or would create extreme hardship for you.

The K-3 visa is another nonimmigrant visa allowing the spouse of a U.S. citizen to enter the U.S. pending the grant of the immigrant visa. Once issued, the spouse can travel to the U.S. while awaiting approval of the immigrant visa.

The V visa nonimmigrant visa category allows spouses of lawful permanent residents and the children of those spouses to travel to and from the U.S. and to reside in the U.S. while they wait for the final completion of their immigration process. The V visa is available to you if your immigrant visa petition was filed on or before December 21, 2000 and three or more years elapsed since the filing.

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