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What is a Fiancée Visa?
Many American citizens who are engaged to foreign nationals are naturally desirous of having their fiancée join them in the U.S. in the months prior to the wedding. A K-1 visa is the perfect choice for engaged couples who wish to be together as they plan their future. A K-1 visa also gives the foreign fiancée a chance to acclimate to life in America. If things do not work out as planned, the fiancée has the option to return home during the 90-day-period.
Put simply, any foreign national engaged to a U.S. citizen can apply for a K-1 fiancé or fiancée visa so that they can come to the U.S. to get married. But, applying for a K-1 fiancé(e) is a complicated process. If you make some mistakes or fail to submit the application carefully, you may have to postpone your wedding; erroneous or incomplete applications can result in delays, if not denials. To avoid a painful disappointment later on, it is advisable to work with an experienced immigration attorney who specializes in fiancé(e) visa applications.
The Phoenix fiancée visa attorneys at Maria Jones Law Firm have a well-earned reputation, not just in Arizona, but around the world for their professional assistance and streamlined processing of K-1 fiancée visas.
We are also highly experienced with K-2 visas for the children of fiancées immigrating to the U.S. as we understand the importance of keeping families together.
Our fiancé or fiancée visa lawyers have successfully helped men and women in all 50 states sponsor foreign-born fiancées and their children to join them for the purpose of marriage from different parts of the globe: Russia, Ukraine, Philippines, China, Peru, Canada, Europe, Guatemala, Mexico, to just to name a few.
Marriage Within 90 Days to Obtain Permanent Residence
Although a K-1 visa is a temporary non-immigrant visa, it does allow a foreign citizen fiancée to enter the U.S. for 90 days for the purpose of marriage.
If you marry within 90 days of your intended spouse’s entry date into the country, then your spouse may adjust his or her status after the marriage to become a Green Card holder/Permanent Resident.
Once you are married, our immigration lawyers are here to help you with adjustment of status as well.
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Filing For a K-1 Fiancé(e) Visa More Than Once
Have you applied for a K-1 fiancé(e) visa at an earlier occasion? U.S. citizens petitioning for a fiancé(e) visa for a second or third time may have been flagged by the U.S. government for obvious reasons. Authorities may suspect such individuals for committing immigration fraud.
Authorities may be keener to further investigate your case if you happened to meet your would-be life partner through a marriage broker. In such cases, it is important to always consult an experienced immigration law expert. Our Phoenix fiancé(e) visa attorneys are here to explain the best options if you intend to proceed with a second (or subsequent) K-1 fiancé(e) visa application.
Applying for Employment Authorization
After your fiancé or fiancée enters the country legally, he or she may apply to work in the United States. Our Phoenix fiancée visa lawyers can gladly assist your fiancée with his/her Form I-765, Application for Employment Authorization.
If you do not go through with the wedding before the 90-day time limit, then the K-1 holder must return to his or her country of origin, immediately after the 90-day period. The K-1 visa cannot be extended.
Here are U.S. Citizenship and Immigration Services (USCIS) application and eligibility requirements for the K-1 fiancé(e) visa:
- The Petitioner must be a United States Citizen.
- The Petitioner (U.S. citizen) sponsoring the foreign national (fiancé or fiancée) has to file Form I-129F with the USCIS on the behalf of their fiancé or fiancée
- The engaged couple must intend to marry within 90 days of the alien fiancée’s entry into the country.
- Both man and woman must be legally free to marry (any previous marriage was terminated by divorce, annulment or death).
- You (the Petitioner) must have met your fiancée, in person, within two years of filing your petition (a waiver can be obtained if social customs or religious practices preclude a first meeting).
USCIS Form I-129F (Petition for Alien Fiancé(e)) is among the most important documents that your Phoenix fiancé(e) attorney will help you file with immigration authorities. This marks the beginning of the visa application process.
Filing for a K-1 visa application also requires several other documents. There are numerous waivers and exceptions that people are not aware of. An experienced attorney can study your case and determine what type of exceptions and waivers, if any, are applicable.
Non-Immigrant Child Visa (K-2)
If your fiancée has a child, then the child may enter the U.S. under a K-2 visa, if:
- The child is under 21;
- The child is unmarried; and
- The child’s name is listed on the Form I-129F Petition.
Experienced K-1 & K-2 Visa Assistance | Trusted Visa Attorneys at MJLF
To help your would-be spouse acquire a U.S. visa as quickly as possible, do not hesitate to contact Maria Jones Law Firm. Our Phoenix visa attorneys serve clients all over the U.S. file K-1 and K-2 visa applications. Our team of legal experts with domain expertise in immigration law ensures that your paperwork is completely accurate. We strive to make sure that the entire fiancé(e) visa filing process goes smoothly and both of you get married as planned in the near future!
Team MJLF wishes you good luck and a prosperous married life!
Call us at (602) 603-4032 to apply for a K-1 or K-2 fiancée visa today.