If you and your foreign fiancé plan on living in the United States, you should speak with a fiancé visa lawyer. The fiancé visa process can be complex, and you don’t have to endure it alone. You can work with an experienced legal professional who can guide you through the fiancé visa process.
The Lozano Law Firm, PLLC helps bring couples together by assisting a prospective spouse to enter the country for marriage on a fiancé visa. Our family immigration attorneys continue to help clients after they have married as well. We do this by applying for an adjustment of status for lawful permanent residency.
What Is a Fiancé Visa?
A fiancé visa allows someone with foreign national status to come to the United States for the purpose of marrying their fiancé who is a citizen of the United States. This fiancé visa is often called a “K-1 visa”. It allows for travel to the United States and residency within the country for up to 90 days. If a foreign national is already in the United States with another type of visa, such as a student or work visa, then a K-1 visa is not necessary. A fiancé visa is only necessary if the foreign national fiancé is outside of the United States and wishes to enter for the purpose of getting married.
After the marriage of the foreign national who has a K-1 visa and the U.S. citizen, the foreign national may apply for a green card. In this situation, the ultimate goal would be permanent residency with the U.S. citizen who is now a spouse. If the foreign national plans on returning to their home country, then a green card may not be necessary. Permanent residency is only sought for people who plan on remaining in the United States.
A fiancé visa lawyer can help you understand the process that you need to go through in order to obtain a K-1 visa and eventually a green card. Your specific situation may be unique. So it’s best to speak with a fiancé visa lawyer who can review your circumstances and guide you through the correct process for you.
Enter to Marry With a K-1 Visa
U.S. immigration law allows a person to enter the United States for the purpose of marriage. The appropriate visa is a K-1 nonimmigrant visa. Like all nonimmigrant visas, the K-1 is applicable for a limited time only, and the couple should get married within 90 days of the fiancé’s arrival in the U.S. After the marriage, we can help the K-1 visa holder apply for lawful permanent residency (a Green Card) through the adjustment of status process.
The fiancé visa process all starts with the filing of an I-129 Petition for Alien Fiancé(e) with the National Visa Center. We assist our clients from the outset with help in preparing and filing the I-129 and then with preparing and filing a K-1 visa application with the appropriate U.S. Embassy or Consulate. This process involves a medical exam as well as providing proof of financial support and an abundance of supporting documentation. We can help you understand the process and gather what documents are required so that your application will be successful the first time you file it and in a timely fashion.
Who May Get a Fiancé Visa?
In order to get a fiancé visa, both parties must qualify under immigration laws. To qualify for a fiancé visa, you must be able to prove the following:
The petitioner is a U.S. citizen;
The petitioner plans on marrying the foreign national within 90 days of their entry into the country;
Both the petitioner and foreign national have physically met within the last two years; and
Both parties are legally able to marry in the United States.
The process of qualifying for a fiancé visa can be complex. A fiancé visa lawyer can help you determine if you qualify and complete appropriate documentation. You will have to submit proof to the government that you meet all of these qualifications. A fiancé visa lawyer can review your information and help you navigate the K-1 visa application.
Children Can Come Too, With a K-2 Visa
Children of the K-1 visa holder may accompany him or her to the U.S. as well; this process requires preparing and filing for a K-2 derivative visa. However, your children must meet specific requirements in order to come to the United States on a K-2 visa.
Your children must be:
Legally recognized as your children
Under the age of 21
The term “children” does not only apply to your naturally born children. It may also include adopted children and those who were born out of wedlock. The United States will recognize your children legally if your home country recognizes them as yours.
Applicants for green cards who wish to bring their children to the United States must show that their children fit the definition of “stepchildren.” This involves showing that the marriage between the petitioner and foreign national took place prior to the children turning 18. However, this requirement is not necessary for a K-2 visa.
Sometimes an application for a K-2 visa will be denied for a child who has already turned 18, but is not yet 21. However, in these circumstances, it is necessary to show proof that the child meets all of the requirements of a K-2 visa. This includes being under the age of 21.
If your child is almost 21, then it’s necessary to quickly apply for a K-2 visa. Your child must be unmarried and under the age of 21 until the day that they come to the United States. If your child is nearing the age of 21, it may be possible to speed up the K-2 visa process. Contact a fiancé visa lawyer right away to get started.
K-3 Visas for Spouses Already Married
Perhaps you are already in a marriage but still need to bring your spouse to America in order to complete the process for obtaining lawful permanent resident status. In that case, we can help you to obtain a K-3 visa for your spouse. We can also help you obtain a K-4 derivative visa for the kids.
A K-3 visa is an alternative to a typical immigrant visa. However, it can be difficult to obtain a K-3 visa. Take the following steps to obtain a K-3 visa:
The spouse who is the U.S. citizen must first complete a K-3 visa petition (Form I-130). You must submit separate visas if there are children who will also be coming to the United States.
The spouse who is the U.S. citizen will receive a notice of receipt (I-797). They will then complete a fiancé visa petition (Form I-129F).
Once the USCIS accepts these petitions, it will transfer the application to a U.S. consulate for further investigation.
The U.S. consulate will schedule an interview and then will either approve or deny a K-3 visa or immigrant visa.
The K-3 visa process can be complex. It’s best to work with a fiancé visa lawyer who can help you through the process. If you have children seeking K-4 visas as well, then you will definitely want to consult with a fiancé visa lawyer to ensure the process goes smoothly.
The Lozano Law Firm, PLLC helps people in San Antonio, San Angelo, Eagle Pass and Laredo obtain their K-1 fiancé visa and establish lawful permanent residency in the U.S. If you find yourself needing to bring your fiancé to America in order to get married, contact The Lozano Law Firm, PLLC for help from a skilled and trusted San Antonio immigration lawyer.