Cross Border Law Canada and US Immigration

US Immigration > Fiancee Visa (K1)

Fiancee Visa (K1)

The children of American citizens qualify for immediate entry into America, as immigration law permits an unlimited number of child immigrant visas to children who meet the basic visa requirements.

To be eligible for this category the child:
  • Must be under the age of 21;
  • Must be unmarried;
  • Must be the child of an American citizen; and
  • For a stepchild if the marriage between the natural parent and the stepparent occurred before the child turned 18 years of age.

A separate application for migration must be supplied for every child, as well as the appropriate documentation proving the child is an immediate relative of the American citizen.

Adopted children are also recognised under this category if the adoption occurred before the child turned 16 years of age and the child has resided with the adopting parents for a minimum of 2 years.

Immigration through this category is only available to legitimate children, unless the child was recognised as legitimate by law or a recognised custom in their birthplace or the mother of the child is a citizen of America.

In addition, a separate category for immigration to America under the preference system is available for children of American citizens aged over 21 years, or for children of American citizens who are married.

Go to questionnaireGet started by filling in the US Immigration Questionnaire

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