K-1 Visa For Fiancées/spouses

Are You A Fiancée Of A U.s. Citizen?

k-1 & k-3 Visa Attorney in Evanston

Couple at Wedding

If you are a U.S. citizen who is engaged to a foreign national living abroad, the last thing you want is to navigate a complicated visa process while planning a wedding. Unfortunately, tackling both at the same time may be necessary. To get married and live with your new spouse in the U.S., you will need to initiate a petition for them to become a legal permanent resident. Luckily, there exists a special K-1 visa which is applicable to people who intend to marry a U.S. citizen in the United States.

The K-1 visa attorney in Evanston at Takhsh Law P.C. can help if you are a U.S. citizen and engaged to someone who is not. Attorney Alen Takhsh has helped other couples realize their dreams for a life together in the U.S. and can walk you through the K-1 visa petition process to help clarify and ease your concerns.

Bear in mind that if you or your loved one are issued a K-1 visa, you must marry within 90 days of entering the U.S. This visa is only valid for six months from the time it was originally issued, and you are permitted only one entry into the U.S. If your fiance(e) has minor children, filing a K-2 application allows the children, referred to as “derivative beneficiaries,” to accompany your fiance(e) into the U.S.

If you are a foreign-born fiancée to a U.S. citizen, Takhsh Law P.C. can help unite you with your loved one. Contact attorney Alen Takhsh online or call (844) 344-2628 for help with your K-1 visa application.

While K-1 visas are reserved for people who intend to marry a U.S. citizen in the United States, K-3 visas can help existing spouses reunite in the U.S. when one of them is already a U.S. citizen. If you were married in a foreign country, Takhsh Law P.C. can help you reunite with your spouse in the U.S. by offering guidance throughout your K-3 visa application process.

As many as three entries into the U.S. are permitted under a K-3 visa, which is valid for two years. If you and your foreign-born spouse have children, they can also be brought to the U.S. In that case, a K-4 visa would be issued.

What Is a K-1 Visa?

From Alen’s interview for the Masters series on ReelLawyers.com

A K-1 visa, also known as a fiancé visa, involves an individual filing a petition on behalf of their fiancé — just like the name suggests.

The process is initiated by filing Form I-129F with U.S. Citizenship and Immigration Services (USCIS). Once USCIS approves the petition, the case is sent to the U.S. Embassy abroad. The applicant will then need to complete an online application known as the DS-160.

The petitioner must demonstrate that they have the financial means to support their fiancé and that the fiancé will not become a public charge upon entering the United States. Once these steps are completed, along with uploading the required documents, a visa interview will be scheduled.

The applicant will attend the interview, receive the visa, enter the United States, and then the couple will have 90 days within which to get married. Once the marriage takes place, the beneficiary must file an adjustment of status application to become a legal permanent resident.

 

Based on current timelines, it typically takes about 10 to 14 months for the green card application to be approved. Depending on the length of the marriage at the time of approval, the individual will receive either a 2-year conditional green card or a 10-year green card. In the example I just gave, the green card would likely be conditional and valid for 2 years.

KEY SIMILARITIES BETWEEN K-1 & K-3 VISAS

If the major difference between a K-1 and K-3 visa is whether you are already married to the U.S. citizen significant other, the major similarity is that both allow you to live in the U.S. with your fiancé(e). A K-1 and K-3 visa attorney in Evanston like attorney Alen Takhsh can help you understand the ins and outs of these visas.

K-1 and K-3 visas also have the following in common:

  • Both allow holders to adjust their status and become permanent residents
  • Both may result in a conditional Green Card being issued first and then require a petition to remove these conditions later
  • Both permit holders the ability to bring children with them
  • Both allow holders to eventually gain valid work authorization 

If one of these or another immigration law challenge is on your mind,
call Takhsh Law, P.C. at (844) 344-2628 today.

If one of these or another immigration law challenge is on your mind, call Takhsh Law, P.C. at (312) 561-3735 today.

Initial consultations are $200, credited toward your case if you retain the firm. Book online →

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