USA Visa Lawyers
Are you engaged to a foreign national and want to bring them to the United States to get married? The K-1 visa, also known as the Fiancé(e) visa, allows U.S. citizens to bring their foreign fiancé(e)s to the U.S. for the purpose of getting married and starting a life together. This webpage will guide you through the K-1 visa process, requirements, and important information to make your journey smooth and successful.
The USA has become a popular choice for immigrants and their families. For individuals entering the United States through marriage-based visas like the K-1 fiancé visa, seeking the guidance of an experienced visa attorney can be highly valuable.
K-1 Visa: The Fiancé(e) Visa
The K-1 fiancé(e) visa is designed for foreign citizens who are engaged to U.S. citizens and wish to reside in the United States after getting married. This visa allows the U.S. citizen petitioner to bring their foreign fiancé(e) to the U.S. for a 90-day period. During this time, the foreign fiancé(e) must marry the U.S. citizen sponsor, or they will be required to return to their home country.
While the primary purpose of the K-1 visa is marriage, there is no legal obligation for K-1 visa holders to proceed with the marriage. They have the option to end the engagement; however, it is important to note that doing so would require their return to their home country.
To qualify for a K-1 visa, both parties must be eligible for marriage, and the intended marriage must be legally possible in the United States. Generally, the engaged couple must have met in person within the past two years. Exceptions may be granted in cases of extreme hardship or cultural customs that prevent pre-marital meetings.
After marriage, the foreign spouse must apply for permanent resident status to continue residing in the United States. If the foreign citizen entering the U.S. on a K-1 visa has unmarried minor children, they can accompany the parent under a K-2 visa.
K-3 Visa: Spouse's Visa
The K-3 visa enables the foreign-citizen spouse of an American citizen to apply for entry into the United States. Similar to the K-1 visa, the K-3 visa grants nonimmigrant status, which generally has a faster processing time compared to an immigrant visa. This visa allows the foreign spouse to reside in the U.S. while waiting for the approval of their immigrant visa application.
Once approved, the spouse can apply for permanent resident status at any time. If the spouses divorce before the immigrant spouse's application for permanent residence is approved, the K-3 visa terminates 30 days after the divorce is finalized. Under a K-4 visa, unmarried children under the age of 21 can accompany the parent on a K-3 visa.
K-4 Visa: Visas for Children
When a K-3 visa holder wishes to bring their minor children to reside with them in the United States, the children may apply for a K-4 visa. This visa allows unmarried minor children under the age of 21 to enter the country along with their K-3 visa-holding parents.
Similar to the K-3 visa, the K-4 visa is valid for two years or until the child reaches the age of 21, whichever comes first. If the child gets married, the K-4 visa expires 30 days after the marriage.
Navigating the Visa Process
The visa application process can be complex and time-consuming. It requires thorough completion of forms and documentation, including medical examinations and proof of financial support. At Goldstein Immigration Lawyers, our skilled attorneys are ready to assist you in navigating the process, ensuring accurate and timely submission of the required paperwork. We provide comprehensive support from start to finish, keeping you informed of your case status and providing valuable updates.
The Significance of the Interview
K visa applicants may undergo an immigration interview, during which an immigration officer evaluates the authenticity of the marriage. This interview is a critical stage where complications can arise. Our attorneys will assist you in preparing for the interview, ensuring that you avoid any crucial errors and addressing potential issues with U.S. immigration authorities.
It's important to note that K visa denials are typically non-appealable and non-reviewable. Therefore, having a skilled attorney from the beginning is crucial in minimizing the risk of complications. Denials often lead to significant delays, and the U.S. Consulate rarely provides reasons for their decisions. Therefore, submitting a complete and accurate initial application that meets all visa requirements is vital.
Seek Assistance from an Experienced Visa Attorney
If you are involved in the immigration process or looking to bring a loved one to the U.S. through a marriage visa, we encourage you to contact Goldstein Immigration Lawyers. Our team of skilled attorneys is here to provide you with the necessary guidance and support. Please answer a few questions here, and we will assist you accordingly.