Understanding the K-1 Visa Process: Expert Guidance from a K-1 Visa Lawyer
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- October 14, 2024
Understanding the K-1 Visa Process: Expert Guidance from a K-1 Visa Lawyer
Are you planning to get married in the USA, but your fiancee doesn’t have a Green Card yet? It can be worrisome, as U.S. immigration laws are pretty complicated to follow, making it hard to get approvals on visa applications. However, the U.S. government offers other ways to help you and your partner in this situation K-1 Visa Lawyer.
One way to do this is by claiming a K-1 visa. It is a way to unite with your fianc(é)e and start a new life in the USA. There were about 85.82% K-1 visa approvals in the past year. In this guide, our expert K-1 visa attorney explains the visa process in simple words, essential things you need to know, and how a K-1 visa lawyer may assist you.
Know the Details on the K-1 Visa
A K-1 visa — or fianc(é)e visa allows aliens to enter the U.S. and marry their partner (a U.S. citizen) within 90 days from arrival date in the country. This is a non-immigrant visa.
Initially, the U.S. citizen must file a petition for their foreign fianc(é)e with the United States Citizenship and Immigration Service (USCIS). But, before that, ensure you both meet the critical requirements and eligibility standards set by the U.S. authority:
1. Age and Legal Capability of Getting Married
You and your fianc(é)e must be at least 18 years old. Moreover, both must be free to marry without any violation of marriage acts or laws. This includes the termination of any previous marriages legally through divorce, annulment, or death.
2. Meet Requirement
You need to physically meet your fianc(é)e in person at least once within the last two years before submitting Form I-129F. The exception can vary based on cultural practices or in cases of severe hardship. This requirement comes under the 2-year rule for the K-1 Visa Process established by USCIS. The law ensures the relationship between the Green Card holder and the alien fiancé is genuine.
3. Intent to Marry
You and your fianc(é)e should proactively intend to wed each other within three months of the partner’s arrival to the U.S. The ongoing preparation for the ceremony may be the one way to ensure the marriage will happen.
4. Financial Stability
The citizen needs to show that he/she will be able to sponsor a fianc(é)e financially, so they are not at risk of becoming a public charge once entering the U.S. Upon meeting these requirements, you can approach a skilled attorney to help you further.
How K-1 Visa is Advantageous to You
Our qualified legal counsel says there are many benefits you and your fianc(é)e can get by obtaining a K-1 visa, which includes:
1. Quick Entry to the U.S.
A k-1 visa permits the entrance of your fianc(é)e into the U.S. much faster than other visa categories. Usually, the process takes between 7 and 12 months, which is far better than waiting for years before you both can reunite and marry.
2. Pathway to Permanent Residency
Once the marriage ceremony takes place, the alien fianc(é)e can adjust their visa status to lawful permanent resident and apply for a Green Card through Form I-485. This increases the chances of getting a Green Card, simplifying the process that allows you both to live in the U.S. legally.
3. Work Authorization
After the K-1 fianc(é)e visa holder arrives in the United States, they can file for an Employment Authorization Document (EAD) to start working legally while waiting for their Green Card. This enables financial independence during the transition period.
How a K-1 Visa Lawyer Helps Process the Application
The process of applying for a K-1 visa is quite complicated, so having legal expertise on hand through hiring a K-1 visa lawyer can help to simplify the procedure immensely, such as:
1. Expert Guidance on Eligibility
A K-1 visa attorney can review your case to determine if you meet all the eligibility requirements and assist you through each step of the process. They will evaluate your personal situation and advise based on that to increase your chances of successful application.
2. Assistance with Paperwork
Filling out the requisite paperwork and collecting all the documentation can feel overwhelming. A K-1 visa attorney will help you complete Form I-129F correctly and have all the necessary documentation (to show your relationship and financial support) appropriately executed. This careful detail will shorten the process and reduce the chances of delay or denial.
3. Prepare for Interviews
One critical stage in the K-1 visa process is the K-1 visa interview at a U.S. embassy or consulate. Your lawyer will be able to help prepare you and your fianc(é)e for this interview with mock sessions, tips on answering questions, and what to expect. This way, your research in advance helps relieve the tension and prepares you to lay a compelling case.
4. Handle Requests for Evidence
The USCIS might sometimes raise an RFE (Request for Evidence) requesting supplementary evidence to bolster your application. A K-1 visa attorney can assist you in addressing the RFE by collecting the proper information and presenting it promptly to support your application.
5. Address Complications and Appeals
If you encounter any issues throughout the application and approval phases, including long wait times or denials, a K-1 visa attorney can act on your behalf, interfacing with USCIS. This way, a specialist legal counsel can also help guide you through the best legal recourse and support in the event of appeals.
Ready to Obtain Your K-1 Visa Successfully?
If you wish to be with the alien fianc(é)e in the United States, your partner will need a K-1 visa first. Understand the requirements and the benefits so that you feel confident going through this process. The need for a K-1 visa lawyer is self-explanatory, as they are well-versed in the process, help ease the burden of filing legal documents, and provide a lot of reassurance.
Contact Di Martino Law Group today to start your k-1 visa application process. Their experienced legal team is committed to helping you find the best possible legal representation for your K-1 visa and securing a successful process.
FAQs
1. What are the restrictions of K-1 Visa?
Once married, a K-1 visa holder may travel within the U.S. and obtain a driver’s license issued by a state. But they are banned from international travel. Remember that the K-1 visa is a “single-entry” visa, which means you must get permission before leaving the United States.
2. What happens if we do not get married within the 90-day period?
If you do not marry within the 90-day period after entry, the alien fianc(é)e must leave the U.S. and may face potential immigration problems if they remain in the country.
3. How much does it cost to apply for a K-1 visa?
The filing fee for Form I-129F is typically around $675, while additional costs, such as the visa application fee and medical examination fees, may also apply.