Leesburg K Visa Lawyer

A K visa is a non-immigrant category that allows U.S. citizens to petition for beneficiaries who are their fiancé/e, their spouse, and/or their spouse’s children. These people can enter the United States under the K visa and adjust here in the United States instead of waiting abroad for consular processing. If you or a family member is looking to obtain a K visa, contact an experienced attorney today. A Leesburg K visa lawyer could sit down with you and review your legal situation, as well as advise you on what your next course of action should be.

Process of Applying for a K Visa

To apply for a K visa, the U.S. citizen petitioner submits Form I-129F on behalf of their fiancé/e or spouse, and any child derivatives. In the case of K1 visas, the couple must show that they are engaged and that they have met in the previous two years. If they have not met in the last two years, they must submit a waiver in order to waive that requirement. They also must show that they have the intent of marrying within 90 days of the fiancé/es admission.

After the Form I-129F is approved, the beneficiary would submit the DS-160 non-immigrant application along with the requested supporting documents needed to demonstrate eligibility for the visa. After that, they would be interviewed at a U.S. embassy or consulate or their closest U.S. embassy or consulate if they do not have one in the country they are currently located.

After the fiancé/e or spouse and the child derivatives are approved, the beneficiary and child derivatives, are allowed to enter the United States. Once they enter the United States, the K1 must marry within 90 days of admission. If they do not marry within 90 days of admission, they may start accruing unlawful presence.

Existing Categories for K Visas

For a K-visa, there are four different categories that exist: K1, K2, K3, and K4. The K1 visa allows the fiancé/e of a U.S. citizen to travel to the United States and marry the U.S. citizen within 90 days of them arriving in the United States. It also requires that the petitioner U.S. citizen and the beneficiary immigrant be able to marry in the United States, meaning they cannot be currently married to any other person. They would also have to demonstrate that they have met in person within the last two years prior to the filing of Form I-129F.

K2 visas are for the derivative children of the principal K1 fiancé/e. This allows the child to enter the U.S. when their K1 parent enters the U.S.

K3s are issued to the spouse of a U.S. citizen who has a pending I-130 filed by the U.S. citizen, but who wishes to adjust in the U.S. rather than wait for consular processing abroad. K4 visas are issued to the children of a K3 visa holder.

Importance of Filing Form I-129F

The Form I-129F is filed by the U.S. citizen petitioner in order to apply for a K1 visa for the beneficiary fiancé/e or K3 visa for the beneficiary spouse. When the Form I-129F is approved, the fiancé/e or the spouse can submit the non-immigrant visa application and schedule an interview. Upon approval, they would be able to enter the United States. It is recommended to connect with a Leesburg K visa lawyer before submitting an application.

Documents Needed to be Submitted with a K Visa Application

For the K1 visa and their K2 child derivatives, a couple needs various documents. With their Form I-129F, they would have to show that they are able to marry. This means they would have to show that they are not married to anyone else and that they intend to marry within the 90-day period of the K1 visa holder entering the U.S. They should also show that the U.S. petitioner and the beneficiary have met and seen each other within the last two years.

For K3 and K4 visa applicants, those who are the spouses of US citizens and the child derivatives of a US citizen spouse would have to show that the Form I-130 was submitted (and not yet adjudicated) on their behalf. This includes proof of the petitioner’s status as a U.S. citizen that they are still in a bonafide good faith valid marriage and proof of the birth certificates of any of the child derivatives. After Form I-130 is filed pending, Form I-129F can be filed on behalf of the K3 and K4 visa applicants.

Call a Leesburg K Visa Attorney for Assistance

When applying for a K visa, you may encounter obstacles you may not know how to deal with. Luckily, a Leesburg K visa lawyer may be available to help you. An attorney could review the details of your case and advise you on your options moving forward. An attorney could also review your application for any errors or potential problems which could negatively impact the likelihood of obtaining a K visa. To get started on your case, contact an attorney today.

Leesburg K Visa Lawyer