Applying for a Leesburg K Visa

In the United States, immigrants may be granted a K visa upon marrying their fiancé/e. However, when doing so, couples may find it difficult to process a successful application due to potential delays or delivery of misinformation. In order to effectively petition for the approval of a K visa, it may be wise to get in touch with a well-versed attorney. A lawyer could walk you through the steps for applying for a Leesburg K visa.

Potential Roadblocks When Applying for a K Visa

One of the roadblocks a couple may face when applying for a K1 visa is failing to show proof that they met in person within the last two years or not providing a waiver to waive the requirement of meeting in person in the last two years.

If there are any derivatives and the petitioner does not apply for them before they turn 18 or do not submit a Form I-130 on behalf of the fiancé/e derivative before they turn 21, that could also be another roadblock. Lastly, failure to address grounds of inadmissibility due to prior immigration or criminal history could also prove detrimental towards obtaining a K visa

Preventing an Application from Being Denied

A person could potentially ensure that their fiancé/e’s visa would not be denied by presenting evidence that shows that the petitioner and the fiancé/e have met in person in the last two years and submitting any waivers to waive the meeting requirement.

If, for some reason, they could not see each other in person within the last two years, they should provide all documentation requested by USCIS or the National Visa Center to avoid any delays. If there are any inadmissibility issues that the beneficiary may encounter, they should submit waivers or contact an attorney before applying for a Leesburg K visa.

Fiancé/e Being in the U.S. Under Another Status

If the fiancé/e is in the U.S. under another status, then they do not have to file the K visa because the K visa is only for the beneficiary fiancé/es who are abroad. Instead of filing a K visa, what should happen is that the petitioner and the fiancé/e who is already in the U.S. should marry and then file, concurrently, the Form I-130 and I-485.

This allows the fiancé/e-now-spouse to adjust in the United States, but they must take into consideration whether their status allows them to adjust in the United States right away or if they have to go back to their country due to some restrictions on their visa. For example, J1 visa holders may have a two-year home country physical presence requirement. If that is the case, then they must go back to their country for two years or submit a waiver if possible. They will have to take into consideration what their visa status is at the time.

Failure to Marry within 90 Days of Being in the United States

If the couple is not married within 90 days, on the 91st day, the K1 visa holder falls out of status and starts to accrue unlawful presence. Anyone who is in the United States and accrues 180 days or more of unlawful presence and departs faces a bar of three years in which they cannot return to the United States. Anyone who remains in the U.S. under unlawful presence for a year and departs cannot return to the United States for 10 years.

If the petitioner and the K1 visa holder marry after 90 days, then the petitioner and the K1 beneficiary can submit the Form I-130 and I-485 at the same time, but all this can be avoided if they marry within the 90 days. If the K1 visa holder does not marry the petitioner and stays in the United States, then the K1 will not be able to adjust or change status to any other status. They should plan on returning to their country if they do not have the intention to marry.

Process of Removing Conditional Residence Status

A person with a K visa can have their conditional residence status removed by filing the Form I-751 to remove the conditions 90 days before the expiration of their conditional permanent resident status and show that they are in an ongoing, valid, bona fide marriage with their spouse. Or, alternatively, that they entered their marriage in good faith with the petitioner, but it ended in divorce, death, or the spouse was abusive.

Contact an Attorney

Due to the complex rules governing immigration laws in the United States, obtaining legal status may be difficult to accomplish. However, the law favors soon-to-be-married couples. In order to accomplish this, at least one person should have citizenship within the U.S. Couples can then apply for a K visa once they meet the requirements. With this in mind, it is important to contact an attorney when applying for a Leesburg K visa. An attorney could review the details of your application and provide you with insight throughout the process.

Leesburg K Visa Lawyer