Applying for K Visas in Montgomery County
Gaining lawful permanent residence in the United States is a monumental achievement for any immigrant wishing to start a new life in this country. However, helping a future spouse obtain legal status with the promise of marrying soon makes this feeling all-the-more fulfilling. If you wish to help a loved one gain LPR status, be sure to contact a knowledgeable immigration attorney. A lawyer could help you traverse the difficulties that comes with applying for K visas in Montgomery County.
Length of Time it Takes to Process a K Visa in Montgomery County
The length of time it takes for a K visa to be successfully processed depends on whether or not an applicant had legal assistance. With the help of a lawyer, the total time usually takes about nine to 10 months. A factor which may affect this timeline is whether the applicant has their interview with the consulate or the embassy. If there are any issues that might require a waiver, the process could be extended.
Difficulties with Applying for a K Visa
One of the roadblocks that a couple may face when applying for a Montgomery K-visa is that they may fail to prove that they met within the last two years. Sometimes a couple would be able to file a waiver for not meeting within the last two years. However, if they fail to submit evidence of waiver eligibility for the requirement, their application could potentially be delayed.
For derivative applicants, failing to show the relationship between the immigrant beneficiary and their derivative children and failing to address any grounds of inadmissibility are also major roadblocks that could lead to a denial.
Precautions to Take to Ensure a Fiancé’s Visa Would Not be Denied
A person could potentially ensure that their fiancé’s visa would not be denied by including evidence that the petitioner and the beneficiary have met in person within the last two years. They also need to include documentation proving that the petitioner is a U.S. citizen and address any grounds of inadmissibility. An attorney in Montgomery County can make sure that a waiver is appropriately submitted in a reasonable amount of time.
Failing to Marry Within 90 Days of Entering the United States
If a couple does not marry within 90 days of a fiancé’s entrance into the United States, the beneficiary who entered the US as a K-1 visa holder falls out of status and would no longer K-visa holders. They would then begin to accrue unlawful presence in the U.S., and depending on the amount of unlawful presence accrued, they could be barred from reentering the U.S. for a period of time. For example, if the beneficiary has accrued more than 180 days, they cannot come back to the U.S. for three years. If they were here for more than a year, they cannot come back for 10 years.
Once the person goes home, the process can start again if the couple wants to try another 90 day period. If they marry after the 90 days, then they can file Form I-130 and Form I-485 to adjust. They could also do a consular processing abroad if the K-1 wants to marry and wait for an immigrant visa in their home country.
Removing Conditional Permanent Resident Status
A person can have the conditional permanent resident status removed by submitting Form I-751 90 days before the expiration date of their conditional permanent resident status card. When they submit the Form I-751, they must include documentation showing that the marriage is still ongoing.
This includes photos and any children that were born before the expiration date of the conditional permanent resident card. If for some reason the marriage has been terminated, they may submit Form I-751 without the signature of the former spouse, but would include documentation that the marriage was entered in good faith and not for immigration purposes.
Get in Touch with an Attorney Today
When applying for K visas in Montgomery County, be sure to reach out to an experienced attorney for assistance. A lawyer could guide you and your future spouse throughout the process to ensure that no mistakes are made and that your application would be processed in a fast and efficient manner. To get started on an application, or if you have any further questions about the K visa process, be sure to schedule a consultation today.