The K-1 Visa for the Fiance

The K-1 visa is for foreign nationals who are fiancé(e)s of US Citizens who are to be brought to the United States to marry. The K-1 is not a permanent fix, it only allows qualifying individuals to remain in the United States for 90 days, but after a foreign national fiancé(e) has entered the US and married his/her US Citizen fiancé(e) then he/she may remain in the US while his/her petition for permanent residence (which is a separate matter, we’ll address that later) is pending. This visa is a little complicated in how it works, but that shouldn’t deter you from seeking happiness! Do anything enough times and it becomes easy, and for our Los Angeles immigration attorneys and Glendale immigration attorneys, this is very true concerning the K-1.

To be eligible to petition for the fiancé(e) visa on behalf of your spouse, among other requirements, you must show that you:

  • Are a US Citizen
  • Will (or at least have every intention to) marry within the 90 days immediately following your fiancé(e)’s entrance to the United States
  • Both you and your fiancé(e) are free to marry and any previous marriages have been completely lawfully terminated
  • You two have met in person at least one time within two years of filing the petition (there are exceptions to this rule when longstanding customs or practices of certain natures would be violated or extreme hardship would ensue if the requirement was met)

Surprisingly enough, the petitioner has to prove and demonstrate more than the beneficiary does, which is kind of funny when you think about it. But that aside, it can still be difficult; that’s what makes our award winning Los Angeles immigration attorneys such a highly prized advantage – the fact that we utilize immense skill and knowledge primarily to assist our clients.

After you’ve received your K-1 visa with the assistance from a professional immigration lawyer from our firm, your foreign national fiancé(e) may enter the US for no more than 90 days so that the two of you may be married. After the marriage takes place, the foreign national spouse may apply for permanent residency and may remain in the US while that application is pending. The application for permanent residence is a separate petition, one in which our Los Angeles immigration attorneys and Glendale immigration attorneys also specialize. Since you’ll need help with the K-1, you’ll definitely need help with the Green Card application, and we are more than willing to help with that as well.

It is important for you to know, imperative really, that if you do not marry within 90 days then your foreign national fiancé(e) must leave the country and reapply for the K1 if the two of you still intend to marry within the United States. If he/she does not leave and remains in the US illegally, then he/she will be subject to removal from the United States and could have restricted eligibility for any visa classification in the future. Our award winning immigration attorneys are talented, but this is one area of the law which cannot be circumvented.

Let us work for you. Put the responsibility and the worry in our hands and watch as we expertly craft a bright future full of happiness and possibility all for your benefit. Our immigration attorneys are waiting to meet you and make you happy – contact our office today.

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