The K-1 visa, also known as the fiancé(e) visa, allows the engaged partner of a U.S. citizen to enter the United States. This nonimmigrant visa aims to enable the couple to get married within 90 days of the foreign fiancé(e) entering the country. As a K-1 visa attorney, it’s essential to understand the eligibility requirements and the application process to ensure a smooth journey for the engaged couple.

We’re an award-winning law firm in San Diego, California, with 50+ years of experience in immigration law.Talk to an immigration attorney at Feldman Feldman & Associates PC  by calling 1-619-299-9600 today. 

Understanding the K-1 Visa with a K-1 Visa Attorney

1. Eligibility Criteria for the K-1 Visa

To be eligible for a K-1 visa, the couple must meet specific requirements set by the United States Citizenship and Immigration Services (USCIS). These include:

• The sponsor must be a U.S. citizen.

• The couple must be legally free to marry and intend to do so within 90 days of the foreign fiancé(e)’s entry into the U.S.

• The couple must have met in person at least once within the two years before filing the petition unless the meeting would violate strict and long-established customs of the foreign fiancé(e)’s culture or social practice or if the meeting would result in extreme hardship to the U.S. citizen sponsor.

A K-1 visa attorney can help determine if a couple meets these eligibility requirements and guide them through the application process.

2. Filing the Petition for Alien Fiancé(e)

The U.S. citizen sponsor must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS. This petition initiates the K-1 visa process. The petition must include:

• Evidence of U.S. citizenship

• Evidence of the relationship, such as photographs, correspondence, and statements from friends and family

• Evidence of having met in person within the last two years

• Evidence of legal capacity to marry

A K-1 visa lawyer can assist in gathering the necessary documentation and ensuring the petition is complete and accurate.

The Role of a K-1 Visa Attorney in the Application Process

A K-1 visa attorney is crucial in guiding couples through the complex application process. Their knowledge and experience can help avoid common pitfalls and increase the likelihood of a successful application.

3. The Interview Process

After the petition is approved, the foreign fiancé(e) must apply for the K-1 visa at a U.S. embassy or consulate in their home country. This involves:

• Completing the Online Nonimmigrant Visa Application (Form DS-160)

• Paying the visa application fee

• Scheduling and attending an interview with a consular officer

During the interview, the consular officer will assess the authenticity of the relationship and the couple’s intent to marry. A K-1 visa attorney can help prepare the couple for the interview and address any concerns.

4. Entering the United States and Getting Married

Upon approval of the K-1 visa, the foreign fiancé(e) may enter the United States. The couple must marry within 90 days of the foreign fiancé(e)’s entry. Following the marriage, the foreign spouse may apply for adjustment of status to obtain a green card and become a lawful permanent resident.

A marriage visa lawyer can guide the couple through the adjustment of status process and help ensure all requirements are met.

5. Considerations for Children of K-1 Visa Applicants

If the foreign fiancé(e) has unmarried children under 21, they may be eligible to apply for K-2 visas to accompany their parents to the United States. The children must be named in the initial I-129F petition and follow the same application process as the parent.

A San Diego K-1 visa lawyer can help navigate the additional requirements and considerations when children are involved in the K-1 visa process.

FAQs About K-1 Visas and Working with a K-1 Visa Attorney

1. How long does the K-1 visa process take?

The processing time for a K-1 visa can vary depending on the case’s complexity and the workload of the USCIS and the U.S. embassy or consulate. On average, the process can take 6-12 months from filing the petition to when the foreign fiancé(e) enters the United States. A K-1 visa attorney can provide a more accurate estimate based on the couple’s situation.

2. Can I work in the United States on a K-1 visa?

K-1 visa holders are not automatically authorized to work in the United States. However, they may apply for an Employment Authorization Document (EAD) after entering the country and filing for adjustment of status. A K-1 visa attorney can assist with the EAD application process.

3. What happens if my K-1 visa is denied?

If a K-1 visa is denied, the couple may have the opportunity to appeal the decision or reapply. A San Diego K-1 visa lawyer can help determine the best course of action and address any issues that led to the denial.

4. How much does it cost to hire a K-1 visa attorney near me?

The cost of hiring a K-1 visa attorney can vary depending on the complexity of the case and the attorney’s experience. Many attorneys offer free initial consultations to discuss the case and provide a cost estimate. Choosing a reputable and experienced attorney is essential, as their guidance can be invaluable throughout the process.

5. Can a marriage visa lawyer help with the green card application process?

Yes, a marriage visa attorney can assist with the green card application process following the marriage of a K-1 visa holder and U.S. citizen. They can help ensure all requirements are met and guide the couple through the adjustment of the status process.

Work with Marriage Green Card Attorney

Navigating the K-1 visa process can be complex and overwhelming, but working with a skilled K-1 visa attorney can make the journey much smoother. By understanding the eligibility requirements, application process, and potential challenges, couples can better prepare for the road ahead. A K-1 visa lawyer can provide invaluable guidance and support, helping to reunite engaged couples and build their lives together in the United States.

We’re an award-winning San Diego, California law firm with 50+ years of experience in immigration law.Talk to an immigration attorney at Feldman Feldman & Associates PC  by calling 1-619-299-9600 today.