Maryland K-Visa Lawyer

A K-Visa is most commonly used for fiancés who are applying for their foreign fiancés to legally enter the US from abroad, however, it is also available to spouses of US citizens. Most commonly, this is used when the adjudication time for an I-130, which is the form that you will file to get your Green Card for a spouse, is exceedingly long.

In some cases for spouses, this can allow your spouse to enter a little bit faster and apply for their Green Card in the United States. Anyone looking to legally enter the US as someone’s fiancé should consider filing a K-Visa petition with the help of an attorney. A Maryland K-Visa lawyer can help you go through all the necessary application steps.

• Application Process

How to Apply

The K-Visa is filed domestically with the USCIS on form I-129, which someone needs to file if they are applying for their fiancé, which is the most common reason that it is used. They need to submit significant documentary evidence of their bona fide relationship. This can be more difficult in cases when someone has a fiancé as opposed to a spouse, because they may not have resided together, they may not have children together, and they may not have combined finances because they are not married yet.

Due to these difficulties, it is important to do an extensive amount of documentation of the relationship in other ways in order to prove a bona fide relationship, which a Maryland K-Visa attorney can help with. An applicant also needs to prove that they have been physically present with each other within the panel of two years before filing.

Documents to Complete

Form I-129S is an application form for a fiancé visa. It may be filed by US citizens who want to petition for their foreign fiancés who are residing abroad.

It is different in every case, but someone will want to show if they have traveled together and spent time together. They want to show proof of travel and maybe if they have bought gifts for their fiancé or vice versa they show proof of this, like receipts. They also want to show things like email correspondences to show that their relationship dates back a significant amount of time. They can submit affidavits from friends and family members who are aware of the relationship and they can submit photos of themselves together. There can be other things that they can submit as well, but it really depends on the case.

Same-Sex Couples

A person whose petition was previously denied because of DOMA should immediately reapply. The requirements are now exactly the same for same-sex couples as they are for US citizens or Lawful Permanent Residents who are in bona fide marriages with their spouses. It will be done on form I-130, and the documentary requirements are exactly the same as they would be for heterosexual couples.

They are now treated the same as heterosexual couples and receive the same benefits. Same sex marriages do not affect the residency period required for Naturalization. There are no additional steps that a same-sex couple needs to take in order to make them eligible. They are subject to the same requirements and standards as heterosexual couples. A US citizen engaged to be married to a foreign national of the same sex should file a petition just as heterosexual couples would, and that is on form I-129 F through the USCIS. If they need to reapply, a K-Visa attorney in Maryland is essential to streamline the process.