Annapolis K Visa Lawyer
A K visa is a non-immigrant visa that allows U.S. citizens to submit petitions for their beneficiaries who are fiancés, fiancées, spouses, and children of their fiancés, fiancées, or spouses. This visa allows them to enter the U.S. as a non-immigrant and adjust in the U.S. without having to consular processing abroad.
A seasoned Annapolis k visa lawyer could help you with this process to ensure your loved one is able to enter the country lawfully. Call today and set up a consultation with a dedicated family attorney.
K Visa Categories
There are four different categories for k visas, which are the K1, K2, K3, and K4. If the petitioner is the fiancé(e) of a U.S. citizen, being granted the K1 visa will allow them to travel to the U.S. and marry their petitioner within 90 days of being admitted in the United States.
The petitioner and the K1 beneficiary will have to both be able to marry. This means that if they have been previously married, their previous marriage would have ended lawfully. Also, the U.S. citizen must have met the fiancé(e) in person at least once within the last two years before submitting the K1 request. The children of the fiancé(e) who is a K1 visa holder will be issued a K2 visa to allow them to enter into the U.S. together with their parents.
The K3 visa is for the spouses of U.S. citizen who are currently present overseas. For a beneficiary to apply for a K3 visa, the U.S. citizen must show that they are married to the beneficiary and that they have bona fide valid marriage. Also, they have to show that the Form I-130 has already been filled out on behalf of the beneficiary’s spouse, but has not yet been adjudicated. The US citizen is able to request the K3 visa to allow the beneficiary spouse to enter the U.S. while they wait for their Form I-130 application to be approved.
K4 visas, like K2 visas, are for the derivative children of the beneficiary. In this case, the spouse of the U.S. citizen with a K4 visa will be allowed to enter the U.S. with their K3 visa holding parent. Contact a k visa lawyer in Annapolis for more information.
How to Apply for a K Visa
To apply for the K1 visa, which also includes the child derivatives who would receive a K2 visa, it starts with the U.S. citizen petitioner submitting I129F to USCIS, showing the relationship between the petitioner, who the U.S. citizen, and the beneficiary who is the fiancée living abroad. The U.S. citizen will have to show that they and the beneficiary have met in person at least once within the last two years. Also, they have to show intent to marry within 90 days after the fiancé(e) beneficiary’s admission to the U.S.
After the form I129F is approved by USCIS, the National Visa Center is notified, which would follow with them, issuing requests for documents, any invoices, and the submission of the non-immigrant visa application. The fiancé(e) will then be scheduled for an interview. After the K1 and K2 visa petitions are approved, the fiancé(e) and any derivative will be able to enter the country.
It is essential to mention that the U.S. citizens and the K1 visa holder will have to marry within 90 days of the K1 visa holder entering the U.S. After the marriage occurs, the K1 visa holder will be able to submit the form I145 to USCIS, which allows them to adjust to becoming a lawful permanent resident.
For K3 and K4 visa holders, applying will require the U.S. petitioner and the immigrant beneficiary to marry before applying for I129F. After the U.S. citizen marries the immigrant beneficiary, the U.S. citizen petitioner would submit the Form I-130. After a spouse has filed and the petitioner received the receipt notice, the U.S. citizen will be able to submit the form I129F on behalf of their beneficiary’s spouse and any derivative children. They will copy the Form I-130 notice to show that the application has been filed and is currently pending. After it, they would be like the K1 and K2 visa holders. USCIS would contact the National Visa Center that the I129F has been approved and they would be catering K3 and K4 visa holders. The immigrant beneficiary and each of their derivatives will be able to submit a non-immigrant application. Like the K1 and K2 visa, they will be scheduled for an interview. After their K3 and K4 visas are approved, they could enter the United States. A seasoned lawyer could help an individual with the application process.
Could the Fiancé(e) Work in the United States While on a K Visa?
Their fiancé(e) could apply for work after the authorization and after they entered the U.S. with the K1 visa. The processing time for the employment authorization document is typically going to be longer than the 90 days that the K1-visa holder and the U.S. citizen have to marry, so it is almost impossible for the fiancée to receive employment authorization before the K1 visa expires. It is significantly easier to marry as quickly as possible, and while submitting the Form I-45 application to adjust, apply for work authorization.
How an Annapolis K Visa Attorney Could Help
An accomplished Annapolis k visa lawyer could help you with your application. An attorney could also ensure that you have all the information you need for a successful application. Call today and set up your consultation.