With expertise in all aspects of family-based immigration, immigration attorney Joshua Goldstein has successfully helped countless couples obtain fiance and marriage visas and other US immigration benefits including Adjustment of Status petitions, travel documents, work authorizations, and travel visas. If you and your spouse or fiance need help applying for any of these permits, speak with a Boston K visa lawyer.
What is the K-1 Visa?
If you are a citizen of the United States who is engaged to be married to a foreign citizen or if you are considering marriage, the K-1 visa is the most obvious US immigration option. The K1 visa permits you, as a U.S. citizen, to bring your would-be spouse to America for a ninety day time period, during which time your fiance must either marry you or return to his or her home country. One important aspect of the K1 permit is that there is no legal requirement that you and your fiance have to get married if you decide, for whatever reason, not to follow through with the marriage. A lawyer in Boston who has a lot of experience with marriage immigration cases could help you and your fiance apply for a K-1 visa.
Visa for Spouses
The Form I-129F is not just an immigration visa petition for a fiance but may also be used by a spouse. Among other provisions, the Legal Immigration and Family Equality Act (LIFE Act) expanded the availability of K visas to include the spouses, the K3 permit, and minor (under 21 and unmarried) children of U.S. citizens who are residing abroad, and the K4 visa. In order to obtain a K-3 visa, the American spouse must have submitted an I-130 immigrant petition. Once the I-130 receipt notice is received from USCIS, the US citizen spouse can then file the I-129F. In addition to allowing spouses of U.S. citizens to enter the U.S. to apply for adjustment of status, Congress created the K-4 visa to allow minor children (under 21 and unmarried) of K-3 spouses to enter the U.S. as well. A Boston attorney is available to address any questions about the K-3 and K-4 visas.
Preparation to Apply for a Family Visa
At the immigration visa law firm of Goldstein Immigration Lawyers, our goal is to provide the highest quality of professional legal service for our clients. Our lawyers in Boston who are experienced in marriage immigration cases could help those seeking a K1 or K3 visa in various ways. First, we could help you collect and prepare any required forms. The immigration process of obtaining a marriage visa typically involves some combination of the following forms:
- Form I-129F, Petition for Alien Fiance(e)
- Form I-864, Affidavit of Support Under Section 213A of the Act
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-765, Application for Employment Authorization
- Form G-325A, Biographical Information
- DS-156 Nonimmigrant Visa Application
- DS-156-K Nonimmigrant Fiance(e) Visa Application
- DS-157 Supplemental Nonimmigrant Visa Application
Our lawyers could meticulously complete all the necessary forms and assemble the all required fiance visa documentation to ensure that your immigration visa case is processed efficiently without delay.
Additionally, we could carefully manage your immigration case throughout the entire interview process. In our judgment, a skilled immigration attorney is especially crucial during the difficult Embassy/Consular stage, where the fiancee is preparing for a possibly problematic interview abroad with an immigration officer. In our experience, the immigration interview at a U.S. Consulate or Embassy is where most potential problems with a K visa occur.
Attorney Goldstein could also resolve problems with U.S. Citizenship and Immigration Services (USCIS formerly known as the INS), the Department of State National Visa Center (NVC) in Portsmouth, New Hampshire and the U.S. Consulate in your fiance’s home country.
Speak with a Boston K Visa Attorney
You basically get one shot at the K visa since the denial of a visa at a U.S. Consular post is generally a non-reviewable and non-appealable decision. Clearly, the time to involve an immigration attorney is from the beginning of the case before an unfixable problem arises. Aside from outright denial, an improperly documented marriage visa may result in a vague or cryptic “refusal” under § 221(g) of the Immigration and Nationality Act (INA). The Consulate rarely provides the fiancee with a meaningful explanation for why the fiance visa was refused or how the refusal may be overcome. In our experience, a INA 221(g) refusal results in, at best, months or years of delay while your marriage visa remains stuck in the immigration bureaucracy.
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