K1 Visa Lawyer
You may need a qualified K1 visa lawyer to help you through the immigration process. Contact the Law Offices of Christopher Chaney to book a consultation today!
K1 Visa Immigration Attorney
You’re a US citizen who traveled overseas, fell in love, and got engaged. Now you want your fiancé to come to the United States (US), 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 US 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 US 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 US citizen to enter the US for marriage and eventually become a legal permanent resident. Fiancé visas are only available to the alien fiancé of a US citizen. If you’re a green card holder, you cannot explore this route, although there might be other options for you.
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 put a strain on your beautiful relationship.
If you’d like to avoid such issues and obtain a K1 visa with minimal hassle, then consider getting help from experienced K1 fiance visa attorneys. 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.
Who Is Eligible for a K1 Visa?
Before you apply for a K1 visa as a US 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 US.
- You and your fiance met in person at least once in the past two years before the K1 visa application. 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 US citizenship (your birth certificate, passport, or naturalization certificate may be sufficient here)
- Passport-sized photographs of yourself and your fiancé, passport-style, 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 US 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 citizen 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’ll need to make copies of each for submission.
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. If anything seems unclear, they can ask your fiance for additional information or documents.
The consular officer will also look out for any conditions that may disqualify your fiance or make them ineligible for a US 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 any of those conditions exist, your fiance would likely be denied the K1 visa.
Some visa applicants who have been 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 US.
Remember that you’ll need to get married within 90 days of your fiancé’s arrival in the US. 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 that would prevent the 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 that is 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 you might have 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.
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 US 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.
Contact us to schedule a free consultation with our skilled Los Angeles immigration lawyer. Let us help you reunite with your loved one.