K-1 Fiancé(e) Visa – Immigration Law
K-1 Fiancé(e) Visas involve a multi-step process and our Sacramento immigration lawyers are knowledgeable and experienced in handling K-1 Fiancé(e) visa applications. With our outstanding success with these cases and experience with some of the most difficult issues, our immigration attorneys are well-suited to provide you with the legal advice and representation you might need in bringing your fiancé(e) to the US. We understand that being apart from your fiancé(e) is difficult and rejected, or even denied, petitions cause delays and great concern, so we welcome you to discuss your petition with our team of Sacramento immigration attorneys.
What is the K-1 Fiancé(e) visa?
The K-1 Fiancé(e) visa is a nonimmigrant visa that allows the foreign-born fiancé(e) to enter into the United States for 90 days. Once the foreign-born fiancé(e) enters the US and marries within the 90-day period given, the US citizen spouse can then petition for the foreign-born spouse’s green card.
How do I get a Fiancé(e) visa?
There are several general requirements in order to obtain a fiancé(e): (1) the couple must have met in person (narrow exceptions do exist for this requirement) within the two years prior to the submission of the visa petition; (2) the couple must be legally able to get married; and, (3) the couple must marry within 90 days of the foreign-born fiancé(e)’s entry into the United States.
What is the K-1 Fiancé(e) visa process and how long does it take?
Obtaining the K-1 Fiancé(e) visa process is a multi-step and complex process. First, the Fiancé(e) Visa petition is filed with USCIS. Then, assuming USCIS approves the application, the case is transferred to the National Visa Center (NVC). Finally, further processing is done with the NVC and transferred to the consulate in the fiancé(e)’s home country where the consulate interview is held. Generally, this process can take anywhere from 5 to 18 months; however, we have had many cases process from start to finish within 5-12 months.
My fiancé(e) and I got married after (s)he entered the US under the K-1 Fiancé(e) visa, so what now?
After the fiancé(e)’s entry into the United States, an Adjustment of Status must be filed.
The AOS process generally takes anywhere from 3-4 months to completion. A lawful and legitimate marriage between the couple is necessary and generally, a lawful entry is also necessary. A lawful entry occurs when a US Customs and Border Protection official inspected the foreign-born spouse at the time of entering the US. Fortunately, here, a lawful entry would have occurred since your fiancé(e), now spouse, entered under the K-1 visa.
For the AOS process, an application is submitted to USCIS. USCIS the sends notices to the petitioner and applicant stating that they’ve received the application and that the foreign-born spouse will need to get fingerprinted (biometrics). Finally, an interview is held at a local USCIS field office.
What about my fiancé(e)’s children – can they come, too?
Yes, you can also petition for minor children of the fiancé(e) as a derivative of the K-1 Fiancé(e) visa under the K-2 visa.
Our team of Sacramento immigration lawyers have represented countless individuals in obtaining immigration benefits. The K-1 Fiancé(e) visa process can be complex and you might want to consider hiring an immigration attorney to handle your case. You might even want to consider obtaining legal advice on the K-1 Fiancé(e) visa process and the likelihood of success in your case.
We will gladly assist you if you have any questions, so please do not hesitate to contact Carson & Kyung, A Law Corporation.
USCIS K-1 Fiance Visa: http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas
K-3 Spousal Visa – Immigration Law
K-3 Spousal Visas provide a way for foreign-born spouses of US citizens to frequent the US and lessen the time spent abroad. Our Sacramento immigration lawyers frequently advise and represent clients in obtaining K-3 Spousal Visas and K-4 Visas for their dependents. Our goal is to unite family members and with that goal in mind, we provide the utmost care and concern to obtain a successful outcome. The purpose of K-3 Spousal Visas is to provide a faster way for US citizens to have their foreign-born spouses with them and our team of immigration attorney’s assist clients in any way they can to expedite this process.
What is a K-3 Spousal Visa?
A K-3 Spousal Visa is technically a temporary, non-immigrant visa much like the K-1 Fiancé(e) Visa. The purpose behind the Spousal Visa is to shorten the time a US citizen and foreign-born spouse are physically separated; thus, a K-3 Spousal Visa holder can enter into the US and remain in the US while his/her green card application is processing. This process is different from consular processing for spouses and children of US citizens as the latter will have to wait in their home country for their US legal permanent residence application to be processed.
The K-3 Spousal Visa expires within 30 days after termination of marriage; however, it is a multiple entry visa permitting the foreign-born spouse to exit and re-enter the US as long as the visa remains valid.
What do I need to do in order to apply for a K-3 Spousal Visa?
The K-3 Spousal Visa requires a petition under the same form as the K-1 Fiancé(e) Visa, the I-129f. This is different and should be distinguished from the I-130 form for consular processing for spouses of US citizens. After obtaining an approved visa petition, the K-3 visa holder will then enter the US and will have to apply for a green card. This is different from consular processing, which is the process of obtaining lawful permanent residence (a green card).
What about my spouse’s child? Can I apply for him/her?
If certain criteria is met, the dependent child can also enter as a derivative under the K-4 visa.
The K-3 Spousal Visa is a multi-step process that can be confusing to some. Although many are capable of obtaining this visa, our immigration lawyers have years of experience in handling K-3 Spousal Visa cases and can assist you. We can also discuss to you the pros and cons of applying for a K-3 Spousal Visa versus Consular Processing for spouses of US citizens. Even if you do not want an immigration attorney to handle your case, you may want to consider speaking with one of our Sacramento immigration lawyers to see what your options are and obtain general information on the K-3 Spousal Visa.
Please do not hesitate to contact our group of Sacramento immigration attorneys at Carson & Kyung, A Law Corporation to discuss your K-3 Spousal Visa questions.
USCIS K-3 Spousal Visa: http://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas