Arlington K Visa Lawyer

K-1 visas are what is commonly referred to as the fiancé(e) visas. It permits the fiancé(e) and the children of that fiancé(e), K-2s of a US citizen to enter and get married in the United States while applying for adjustment. There are also K-3 visas for spouses of US citizens and the spouse’s children (K-4 visas) to enter the US after the filing of an I-130 to enter the US for adjustment. Because of the varying forms of applicants, it could be critical to speak with an experienced family immigration attorney. A skilled Arlington K Visa lawyer could assist you in the application process based on your case.

What is the K-Visa Application Process?

For a fiancé(e) visa, a K-1, a US citizen submits Form I-129F with evidence that the US citizen has met the future spouse in person within the last two years (or a request for a waiver for this requirement), evidence of intent to marry within 90 days, and evidence both parties are free to marry.

Categorizing Types of K-Visas

If the K-1 has children, then K-2 visa applications are also filed. For a spouse with a pending I-130, the US citizen files Form I-129F with evidence that he or she is married to the intending immigrant and an I-130 petition is currently pending before USCIS (a receipt notice if evidence of filing). If the K-3 has children, then K-4 visas are also filed.

Each application is meant to be specific to the person applying, the type of K-Visa one may need is listed below:

  • K-1s for fiancé(e)s of US citizens
  • K-2s for children of fiancé(e)s
  • K-3s for spouses with pending I-130
  • K-4s for children of spouses with a pending I-130

After approval of the I-129F, USCIS forwards the approval to the National Visa Center who notifies the petitioner and the beneficiary that they may file the visa application.  After submission of the visa application with fees and supporting evidence the beneficiaries are scheduled for an interview at the US Embassy or Consulate abroad.

What Documents Are Involved in Visa Applications?

It is the form that a US citizen files for a fiancé(e), the fiancé(e)’s children or for a spouse with a pending I-130 and that spouse’s children. Only a US citizen may file Form I-129F. If a couple intends to marry in the US they must submit evidence that they have met in person within the last two years (or a waiver for this requirement), evidence that they are free to marry (over 18 and not married to other people), and a statement that the couple intends to marry within 90 days of the beneficiary’s entry. As a Arlington K Visa lawyer knows, married couples must submit evidence of the marriage and evidence that the I-130 is pending. In both instances, for the consular interview, the beneficiary will need to submit a medical exam, police clearances, and evidence of admissibility to the US.

How a Fiancé(e) May Obtain Permanent Resident Status

Once a fiancé(e) enters the US and they marry the US citizen within 90 days, the K-1 submits Form I-485. Insufficient evidence of ability to marry, submitting no evidence of meeting within the last two years, and inadmissibility issues related to past immigration and criminal violations will keep a K visa from being granted.

The parties must adhere to every requirement of the K visa program. This means submitting evidence of ability marry (evidence of being of age and divorce decrees from prior marriages), evidence of meeting in person within the last two years or applying for a waiver for this requirement, and a statement with both parties’ intent to marry.

At entry, a K-1 and K-2 may apply for work authorization. If the fiancé(e) is in the US under another status, there is no need to apply for a K-1 visa. The beneficiary and petitioner marry and apply for adjustment.

What Happens if Applicants do not Marry Within 90 Days?

If the couple fails to get married within 90 days and has no intention to marry in the future, then the K-1 must depart from the US or they will accrue unlawful presence and upon leaving the US if the individual has accrued more than 180 days but less than one year that person will be barred from reentering for three years. If that person accrues more than one year of unlawful presence they will be barred for ten years.  If the couple marries after 90 days then the US citizen must file Form I-130 and the beneficiary files for adjustment.

What is a Conditional Permanent Resident Status?

A beneficiary who has been married less than two years with the petitioner will be issued a conditional permanent resident card that is only valid for two years. The conditional resident must remove conditions on their permanent resident status by filing Form I-751 within 90 days of the expiration of conditional resident status.

USCIS processing times will dictate how long the I-129F will take to be approved. The processing times can be checked at www.uscis.gov. After approval, how long the beneficiary must wait to be interviewed is determined by the Embassy or Consulate abroad. Therefore, speaking with an Arlington K Visa lawyer prior to interviews could benefit the overall outcome of your family’s case.