It can a be very difficult when you are engaged to be married, and your spouse lives in a foreign country. The separation can put a strain on your relationship, and you may not know how to get him/her legally into the United States to start building a life together as a loving couple. Although the immigration process often involves a great deal of waiting and a large investment of time, the K-Visa categories were created to speed up the reunification process between you and your loved ones.
The K visa categories are available to foreign individuals engaged to be married to a U.S. citizen (K-1 visas), and their accompanying children (K-2 Visas). The K-1 visa allows the U.S. citizen’s fiance(e) to come to the United States to marry the U.S. citizen. The K visa categories are also available to foreign individuals who are already married to a U.S. citizen (K-3 visas), and their accompanying children (K-4 Visas), and who wish to live with their U.S. citizen family member in the U.S.
A person submitting a petition for a fiance(e) visa must demonstrate that:
- the petitioner is a U.S. citizen
- the U.S. citizen petitioner must intend to marry within 90 days of his/her fiance(e) entering the United States
- the U.S. citizen petitioner and his/her fiance(e) must both be free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment
- the petitioner and his/her fiance(e) must have met one another, in person, at least once within 2 years of filing your petition.
There are two exceptions to this last requirement that are excusable, but require a waiver. First, if the requirement to meet would violate strict and long-established customs of the petitioner or his/her fiance(e)’s foreign culture or social practice, a waiver may be granted. Second, a waiver may also be sought if the petitioner can prove that the requirement to meet would result in extreme hardship to him/her.
Once the K-1 visa has been approved and issued, the K-1 nonimmigrant visa allows the foreign fiance(e) to enter the U.S. for a period of 90 days so that the marriage ceremony can take place. Once the couple marries, the spouse may apply for permanent residence and remain in the U.S. while USCIS processes the adjustment application. Once your fiance is here, our firm can assist you in preparing and submitting the proper documentation for an application for conditional permanent residency.
The visa process can be complex and often confusing to those unfamiliar with the process. An application form that has been improperly or incompletely filled out can delay processing of your application, or lead to the application being denied. It is important to have a skilled and qualified attorney assisting you with the process and fighting to get your application approved.
The attorneys at Gavlin & Associates, P.C. have years of experience assisting clients in getting their K visa applications approved and reuniting loved ones. Contact an experienced attorney at Gavlin & Associates to determine your eligibility for these visas.