Fiancé Visa Attorneys in New York
The K-1 visa process allows the U.S. citizen to bring his/her fiancé to the United States. One of the major conditions for this visa is that the couple must marry within 90 days of the foreign national’s arrival in the United States. After the marriage, the couple can work to have the non-citizen’s status adjusted so they can become a permanent resident and obtain a green card. It is important to have quality legal support throughout the process of obtaining a K-1 visa. The skilled attorneys at Nassau County Immigration Law Group are proud to help couples start this exciting new chapter of their lives in the same country. Our firm has over 50 years of combined experience representing clients as they navigate the complexities of the K-1 visa process. To discuss your situation with a knowledgeable team of attorneys, contact Nassau County Immigration Law Group today.
K-1 Visa Eligibility
A citizen of the United States can petition for their foreign national fiancé on a K-1 visa. There are certain requirements that the petitioner must meet in order to have their application for a K-1 visa approved. First, they must file a Form I-129F and be able to demonstrate the intention to get married within 90 days of their fiancé’s arrival. The petitioner must also prove that they have actually met their fiancé in person at least once within 2 years of the date of filing. There are some exceptions to this requirement, such as violating the customs of one party’s culture, or that this meeting would subject the couple to some sort of extreme hardship. The couple must also show the validity of their relationship.
Proving a Relationship is Valid
Unfortunately, there are many cases of fraudulent marriages where people try to take advantage of the K-1 visa process to come to the United States. This, of course, is the reason that the K-1 visa process is so stringent and often frustrating for those who are in legitimate relationships. Couples must prove that their relationship is valid and can do so by providing photographs, correspondences, proof of financial support, and any other indicators of a significant relationship headed towards marriage.
K-1 Visa Issues
Even though an I-129F petition is approved, it doesn’t always mean that the K-1 visa will be issued. The foreign national fiancé may have to undergo a series of qualifiers, such as a criminal background check, medical examinations, an interview, and more. Serious crimes on one’s criminal record can result in being barred from entering the country. Other factors that may impact a K-1 visa may include simple things, like failing to schedule the necessary appointments or not completing applications.
Obtaining a Green Card
Once the K-1 visa is approved and the petitioner brings his or her fiancé to the United States, they must marry within 90 days. After the marriage occurs, the foreign national is eligible to file the adjustment of status application. A successful adjustment of status will result in the foreign national fiancé obtaining a Green Card, allowing them to eventually become a citizen.
Failure to Marry Within 90 Days
If a K-1 visa is approved but the couple fails to get married within 90 days of the foreign national entering the United States, they will have to return to their country of origin. If they fail to leave the country, they can be deported and possibly barred from any future eligibility.
Contact a K-1 Visa Attorney
Are you a citizen of the United States who wishes to bring your foreign national fiancé here to start your lives together? If so, it is important to have an experienced legal team that can effectively help you navigate the K-1 visa process. At Nassau County Immigration Law Group, we are proud to help couples unite and start this new chapter in the United States. Our firm has over 50 years of combined experience representing clients who wish to obtain a K-1 visa. Contact our office today to learn how we can assist you.