Applying for K Visas in Alexandria
When trying to obtain a K visa, specific requirements should be met before submitting an application. The fiancé/e of a U.S. citizen can obtain permanent resident status after the K1 visa holder enters the U.S., marries the U.S. citizen, and submits Form I-485. However, it is not recommended to submit any documents until after a consultation with an experienced immigration attorney. A lawyer could help you fill out the necessary paperwork associated with applying for K visas in Alexandria.
How Long Does it Take to Apply for a K Visa?
A conservative estimate for how long the process would take to get a K visa is approximately nine months, but the processing times vary depending on the approval of the I-129F, a scheduling of the interview at the consular or embassy in the country in which the beneficiary is located, and any issues because of the applicant’s criminal history or background that would possibly require a waiver or additional evidentiary documentation.
Potential Roadblocks When Applying for a K Visa
The most common roadblock that a couple may face when applying for a K visa is not being able to provide evidence that the petitioner and the fiancé/e have met within the last two years. If they do not have any documentation showing that they did not meet within the last two years, they could submit a waiver on the requirement of knowing each other for the last two years. Other roadblocks are not including any derivatives in the application, not submitting a Form I-130 for the K4 visa holders, and not addressing grounds of inadmissibility that the K visa holder may face.
Precautions to Take to Ensure that a K Visa Application is Not Denied
Some precautions a person could take to ensure their fiancé/e’s visa application would not be denied includes making sure that they are able to document that they have met in person within the last two years, meaning that they are able to prove through photos, passport stamps, or any other documentation that they did meet within the last two years. Applicants should also submit all documentation requested by the USCIS or the National Visa Center to make sure that the Form I-129F is approved and that the non-immigrant visa application is not denied.
Another precaution applicants should take when applying for K visas in Alexandria is meeting with an attorney to make sure that everything they are doing is right. If they have any issues in submitting the applications by themselves, it is recommended to consult with an attorney to see if they are able to ease the process.
Failing to get Married Within 90 Days
If the petitioner and the fiancé/e beneficiary do not marry within 90 days, on the 91st day the K1 visa holder no longer has a status and may start to accrue unlawful presence in the United States. It is important to note that anyone who accrues 180 days or more of unlawful presence faces a three-year ban from entering the United States upon leaving. Anyone who accrues a year or more of unlawful presence faces a 10-year ban once they depart from the U.S. If the U.S. citizen petitioner and the K1 visa holder marry, the petitioner would have to submit the Form I-130 and the K1 visa holder would have to submit the I-485 at the same time instead of just the Form I-485 had they been married within 90 days.
Removing Conditional Permanent Resident Status
A conditional permanent resident status is a Green Card valid for two years. It is given to those who are married for less than two years. A person with a K visa has their conditional permanent resident status removed by submitting the Form I-751 90 days before the expiration date of the conditional permanent resident Green Card to remove the conditions of that Green Card.
In addition, submitting the Form I-751 requires the submission of documentary evidence showing that the marriage is still ongoing. If for some reason the marriage is not ongoing and has ended in divorce or death, the conditional resident will have to submit the Form I-751 under an applicable waiver.
Contacting a K Visa Attorney in Alexandria
If you have plans to submit, or help someone submit, an application for a K visa, it is imperative that you get in touch with an immigration attorney as soon as possible. An attorney could walk you through the process of applying for K visas in Alexandria. With this type of legal assistance, you may be able to submit an application free of error. With this in mind, you could potentially increase the chances of having your application accepted. For more information, contact an immigration lawyer today.