Fairfax K Visa Lawyer

The K visa is a non-immigrant visa that allows U.S. citizen petitioners to request that their fiancé, spouses, child derivatives of their fiancés and spouses to enter the U.S. under a non-immigrant status and allow them to apply for an adjustment in the United States instead of waiting for a consular processing overseas. If you have any questions about filing for a K visa and the application process, you may benefit from seeking the services of a seasoned family immigration attorney. Let a knowledgeable Fairfax K visa lawyer guide you through the procedure in order to ensure that your application is a successful one.

K Visa Categories

Before filing for a K visa, it is essential to understand the different categories. Consult with a Fairfax K visa lawyer to see which category is appropriate for the situation.

The K-1 visa will allow fiancés of a U.S. citizen to travel to the U.S. to marry the U.S. citizen and thereafter apply for adjustment. Once the K-1 beneficiary enters the U.S., they must marry the U.S. citizen within 90 days of admission. The fiancé and the U.S. citizen petitioner both have to be free to marry. This means that they both have to be unmarried at the time and, if the USCIS (United States Citizenship and Immigration Services) requires it, they have to be ready to show that any prior marriages ended in divorce or death. Also, the U.S. citizen and the intended beneficiary have to have seen each other in person within two years before filing. There are exceptions to this requirement but it requires the filing of a waiver.

K-2 visas allow the children of the fiancé to enter the U.S. if their parent is a K-1 visa holder. A K-3 visa holder is a little different because it allows the spouse of a U.S. citizen that is currently overseas to enter the U.S. while the I-130 petition is pending. The petitioner must show that they and their spouse are in a bona fide valid marriage, the petitioner is a U.S. citizen, and that the Form I-130 was filed on behalf of the Beneficiary spouse and is still pending. K-4 visas are issued to the children of the K-3 visa recipient.

Filing Form I-129F

The Form I-129F is the petition for alien fiancés and it is the application used by the U.S. petitioner to apply for the K visa for the beneficiary. After Form I-129F is approved, the fiancé or the spouse beneficiary submits the non-immigrant visa application and then an interview is scheduled at the U.S. Embassy or Consulate in order to be allowed to enter the United States. At the time of the interview, the beneficiary will be asked to provide additional documents such as police clearances and a medical exam. A dedicated immigration lawyer could assist one with filing Form I-129.

Process of Applying for a K Visa

The U.S. petitioner files Form I-129F for a K-1 or K-2 with the USCIS to show:

  • The relationship is a real one
  • That the couple has met in person the last two years (or there should be an exception to the meeting requirement)
  • The intention to marry the Beneficiary within 90 days of the Beneficiary being admitted to the United States.

After Form I-129F is approved, then the National Visa Center is notified and the National Visa Center makes request documents from the petitioner and the beneficiary. The beneficiary will then submit the non-immigrant visa application.

For K-3 or K-4 visas, the application must demonstrate that the petitioner and the beneficiary were married before applying and have submitted Form I-130. The Receipt Notice for the Form I-130 is the evidence needed to demonstrate submission. The petitioner can file Form I-129F on behalf of the beneficiary spouse and the spouse’s derivative children. After the I-129F approval and the K-3 and K-4 beneficiaries submit any fees owed, the non-immigrant visa application and any documents will be requested of them. Then an interview is held for the non-immigrant visas and after the interview, if they are approved, then the K-3/K-4 visa holders can enter the United States to adjust to permanent resident status by submitting Form I-485.

How a Fairfax K Visa Attorney Could Help

A Fairfax K visa lawyer could assist you with the application process to ensure that you have all the documents needed. An attorney could walk you through the process and make sure that you follow the necessary steps throughout. For more information about how a K visa attorney in Fairfax could help, call today and set up a consultation.

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