A K-1 visa or “fiancé visa” is a dual intent visa (a temporary visitor visa which is issued with the intention of being adjusted to a Green Card at a later time). A K-1 can be issued to the fiancé of a United States citizen who wishes to immigrate to the United States. Typically, if a couple met overseas, the U.S. citizen would marry his or her spouse in the foreign country and then petition the spouse to immigrate to the United States. This is the more efficient because spouses of U.S. citizens receive immediate preference to immigrate to our country. However, in some cases a foreign citizen and an American citizen cannot legally marry in a foreign country or prefer to have their wedding in the United States. It is in these circumstances such that a K-1 visa is especially useful. An immigration lawyer can often times be essential in making sure the necessary paperwork is correctly filled out and filed to facilitate the process of obtaining a K-1 visa. At the Law Offices of William A. Proetta we assist clients who are seeking to obtain a visa for their fiancé, spouse, and children to immigrate to the United States. We assist clients throughout New Jersey including Edison, Perth Amboy, Jersey City, Elizabeth, Woodbridge, Toms River, and Union City. Contact our office today at (732) 450-8300 to learn how we can help you and your family.
Newark NJ Immigration Lawyer
One of the most important requirements of the K-1 visa is that it stipulates that the foreigner must marry his or her U.S. citizen fiancé petitioner within 90 days of entry. If a K-1 visa holder does not marry his or her U.S. citizen petitioner within 90 days of entry, then he or she must depart the United States within 30 days. If the foreign fiancé does not leave after 30 days it will trigger unlawful presence and they become subject to removal proceedings. Once the couple marries, the foreign citizen can then move to adjust their status to become a lawful permanent resident of the United States (Green Card holder). Down the line, the permanent resident can petition for U.S. citizenship. A K-1 visa is technically classified as a non-immigrant visa, but since it normally leads to legal permanent residency and citizenship, it is actually often processed by the Immigrant Visa section of United States embassies and consulates worldwide. Moreover, there is a two year conditional period on a foreign spouse’s permanent residency under the Immigration Marriage Fraud Amendments of 1986. This means that if the couple separates or gets divorced within the first two years of marriage, the government can remove the foreign fiancés permanent residency status. The K-1 visa is a very good avenue to pursue for immigration because the great majority of the applications each year are granted. If your petition is denied for some reason, you will have the ability to apply for a waiver. It is strongly recommended that you seek the advice of an immigration attorney if you must file a waiver of K-1 visa denial.
Related “K” Visa Categories
There are many related “K” visas that fall within similar categories of family sponsorship. For instance, any unmarried children (under 21 years old) of a K-1 visa beneficiary can also immigrate with their parent at the time of approval under a K-2 visa. These children are considered beneficiaries and therefore derive their immigration status through the parent, which is known as a derivative applicant. There is also the K-3 visa, which is for spouses of U.S. citizens. This is a non-immigrant visa which allows a foreign spouse of a US citizen the opportunity to enter the United States as a non-immigrant and adjust status to a lawful permanent resident at a later time by filling out the I-485 form to the USCIS. As mentioned above, a spouse of a U.S. citizen will receive top priority and the application will be processed faster as compared to a fiancé. Moreover, the children of the K-3 visa holder will be issued a K-4 visa is a derivative visa. It is important to note that the fiancé or spouse of a legal permanent resident will not be eligible to immigrate under a “K” visa. However, the government does allow for lawful permanent resident to sponsor and petition for their spouse and children (not fiancé) residing outside the country under a F2A immigrant visa. To learn more about how we can help you sponsor your family so they can immigrate to the United States, contact our office at (732) 450-8300 and speak to a New Jersey immigration attorney during a free initial consultation.
|How to Apply for a K-1 Visa||Reasons for Denial of K-1 Visa|
|F2A Immigrant Visa (Spouse of LPR)||Green Card Adjustment of Status|
|U.S. Citizenship||Removal Proceedings|
|New Jersey Immigration Lawyer||Unlawful Presence|