Skilled K-1 Visa Immigration Lawyer
You’re a U.S. citizen who traveled overseas, fell in love, and engaged. Now you want your fiancé to come to the United States (U.S.), so you can get married, live together, and possibly start a family. The problem is your fiance is a foreign national and cannot enter or live in the U.S. without the proper immigration documents.
If you’re in such a situation, there is good news. You can help your foreign citizen fiancé enter the U.S. quickly with a temporary K1 visa (also known as a “fiancé visa”).
The K1 visa is a nonimmigrant visa that allows the foreign fiancé of a U.S. citizen to enter the U.S. for marriage and eventually become a legal permanent resident. Fiancé visas are only available to the alien fiancé of a U.S. citizen. If you’re a green card holder, you cannot explore this route, although there might be other options.
There are a lot of conditions attached to the K1 visa before and after it is obtained. The application process could be challenging as well. Any mistakes during the process could lead to delays or a visa denial, which could strain your beautiful relationship.
If you’d like to avoid such issues and obtain a K1 immigrant visa with minimal hassle, consider getting help from an experienced immigration attorney. These immigration attorneys understand how K1 visas work and the procedure for obtaining one. They can assess your case skillfully and guide you toward a positive outcome, leaving you free to focus on your imminent reunion and wedding plans.
Christopher Chaney Law Offices is a reputed law firm specializing in immigration law. Our K1 visa lawyers will assist you throughout the process, from the initial paperwork to submitting all the documents and forms before a deadline. We will also serve as a liaison between your foreign-born fiancé and the U.S. government.
We understand that it is a big decision to invest in an immigration attorney. But when you secure the services of a professional, you can be sure that your application is in safe hands. Our attorneys strive to ensure that your immigration journey is successful.
Who Is Eligible for a K1 Visa?
Before you apply for a K1 visa as a U.S. citizen, you need to determine that you and your fiance satisfy the following requirements:
- You are both unmarried.
- You intend to get married within 90 days of your fiance’s entry into the U.S.
- You and your fiance met in person at least once in the past two years before the K-1 fiance visa process. This requirement can be waived on your request if you establish that such a meeting would offend your fiance’s cultural practices or cause you extreme hardship.
Applying for a K1 Visa
To begin the application process, a U.S. citizen must file Form I-129F, Petition for Alien Fiancé(e), with the United States Citizenship and Immigration Services (USCIS).
This form and the supporting documents you submit help you to establish your relationship with your fiancé. Some of those documents include the following:
- Proof of your U.S. citizenship (your birth certificate, passport, or naturalization certificate may be sufficient here)
- Passport-sized photographs of yourself and your fiancé, passport-style photos, taken within 30 days of filing
- Proof that any previous marriage for either of you has been terminated. You can establish this by providing a copy of the divorce decree, annulment order, or death certificate of the previous spouse(s)
- Evidence that you intend to get married within 90 days after the arrival of your foreign fiancé (such as copies of your wedding invites or proof of your wedding venue booking)
- Evidence of your meeting within the last two years or that such a meeting would violate your fiance’s foreign culture or cause you severe hardship
- Certified English translations of any documents that were written in a foreign language.
If the USCIS approves your petition, they will send it to the National Visa Center (NVC). The NVC would then send the petition to the U.S. embassy or consulate in the country where your fiance lives.
What Happens at the Consulate?
Usually, the NVC will notify you when they send your petition to the appropriate consulate or embassy. Once this happens, you’ll need to inform your fiancé to prepare the following documents as required by the Department of State:
- Form DS-160- the online nonimmigrant visa application (duly completed)
- Birth certificate
- Evidence of financial support or affidavit of support from the U.S. citizen sponsor (petitioner)
- Medical examination results (obtained from an authorized physician)
- Police certificates (collected from every country in which your foreign fiancé has lived for more than six months since the age of 16)
- Proof of relationship (copy of the approved I-129F package)
- Two passport photos
- Valid passport (with at least six months validity remaining)
- Evidence of your relationship, such as photographs of you both together
- Fee payment receipts.
Your fiance will need these documents for their visa interview, so they must make copies of each for submission. The interview is the last step of their K1 visa application process. Once they pass this final hurdle, they’ll receive a K1 visa in their passport.
What to Expect at the Interview
The visa interview allows the assigned consular officer to review your application and the supporting documents you and your fiance have provided. Consular officers are always looking for red flags that may indicate marriage fraud. They can ask your fiance for additional information or documents if anything seems unclear.
The consular officer will also look out for any conditions that may disqualify your fiance or make them ineligible for a U.S. visa, such as drug addiction or abuse, or if they’ve been convicted of a “crime involving moral turpitude” such as murder or rape. If those conditions exist, your fiance would likely be denied the K1 visa.
Some visa applicants disqualified under such circumstances may be eligible for a “waiver of ineligibility.” If your fiancé qualifies for such a waiver, the consular officer would advise them of the procedure for obtaining it. You may also need to involve your K1 fiancé visa lawyer, who can assess the situation and determine a suitable course of action.
What Happens After the Visa Is Approved?
If the consular officer approves the application, your fiance will be issued their passport with the K1 visa attached. They will also receive a sealed package containing several documents to be submitted during the inspection at the port of entry. The package must remain sealed until an immigration official opens it after your fiance lands in the U.S.
Remember that you’ll need to get married within 90 days of your fiancé’s arrival in the U.S. Your fiancé risks deportation otherwise.
After your marriage, your now spouse can apply to the USCIS to adjust their immigration status from nonimmigrant to permanent resident. You both can then proceed to live happily ever after.
How a K1 Visa Lawyer Can Help
The primary reasons for K1 visa delays or denials are incorrect information, incomplete documentation, and statutory ineligibilities.
Your K1 visa attorney can help you avoid such issues from the start by:
- Evaluating your case and identifying any legal barriers preventing the spousal visa approval. If such barriers exist, your attorney would either work to eliminate those barriers where possible or help you decide on an alternative course of action. This way, you can avoid wasting time and resources on a procedure doomed to fail.
- Ensuring that all your application documents and forms are in order. Your lawyer can help you complete the necessary forms and guide you and your fiance on the relevant documents to submit for the application.
- Helping your fiance prepare for the visa interview and briefing them on possible questions to expect.
- Addressing any other concerns about the visa application and processing time.
Consult your K1 visa lawyer for personalized immigration law advice and support that can help make the process easier and hasten your long-awaited reunion. With their help, you can make the most of this opportunity to bring your fiance to the U.S. legally.
Do You Need a K1 Visa? We Can Help at The Law Offices of Christopher Chaney
At our law firm, we understand that the complexities of the U.S. immigration system might be a lot for you to handle. You can trust us to take charge of your case and work to ensure a positive outcome for you.
Our dedicated K1 visa lawyers are well-versed in immigration law and will walk you through all the necessary steps to bring your fiancé to the United States. We’ll handle all the legal procedures, paperwork, and communications with relevant government agencies on your behalf.
Contact us to schedule a free consultation with our skilled Los Angeles immigration lawyer. Let us help you reunite with your loved one.
