K-1 Visa Attorney in Atlanta
It is often said that love knows no boundaries. This has become more apparent since the advent of the internet, social media, and online dating.
These tools have widened the dating and romantic relationship pool so that people from different nationalities and geographical locations can easily engage in serious relationships that often lead to marriage.
Perhaps this is your situation; you’re a U.S. citizen, and you’re engaged to the love of your life who is from another country. You both intend to get married in the U.S., but you’re unsure how to proceed, primarily since you’ve heard so many adverse reports about the immigration process.
In that case, you don’t need to fret. To proceed with your wedding plans, you need a top-rated immigration attorney in Atlanta to help you process a K-1 visa that will allow your future spouse to enter the U.S. quickly.
What Is a K-1 Visa?
A K-1 visa is a non-immigrant visa that grants a foreign national engaged to a U.S. citizen permission to enter the United States if the couple plans to marry within 90 days after its issuance.
After their wedding, the newlyweds can file for a marriage visa or permanent residency, and the foreign partner can get a conditional green card based on the new union. Fiancé visas are available to same-sex and heterosexual partners, regardless of the law in the immigrant’s home country concerning same-sex marriages.
To obtain a fiancé visa, you need to meet several requirements as follows:
The sponsoring partner should be a U.S. citizen. These visas are not available to lawful permanent residents or green card holders.
The parties have to get married within three months of their application. Otherwise, the visa will expire, and the foreign partner of the U.S. citizen will be forced to return home.
The applicant and the alien fiancé looking to immigrate to the U.S. should be unmarried when they apply for the visa. If any partner had a previous marriage, they would need to provide documentary proof that the union had ended due to death, annulment, or divorce. You can establish this by providing a government-issued death certificate, divorce papers, or a record of annulment.
The United States Citizenship and Immigration Services (USCIS) will also likely assess the relationship’s legitimacy. They may request photographs of the couple together, confidential or sensitive information such as letters or non-encrypted emails from the past, evidence of joint trips, written statements from colleagues and friends who are aware of the engagement, and other evidence.
How to Apply for a K-1 Visa
The first step to applying for the K-1 visa is to file Form I-129F with the USCIS. With this form, you get to establish the validity of your relationship with your fiancé(e).
Some of the accompanying documents for your petition include the following:
Recent passport photographs for the sponsor and fiancé
Proof of U.S. citizenship by the sponsor
Evidence that you intend to marry within 90 days, such as a wedding invitation card/letter.
You would also be required to show that you and your partner have met at least once within the preceding two years before the K-1 visa application. This is to reduce the risk of fraud.
However, the USCIS can waive this requirement if you can show that such meetings are against your foreign partner’s long-standing traditions or would cause you extreme hardship.
You might need to provide other documents as you file your application. You can find them on this USCIS web page.
Once the USCIS approves the petition, the sponsored foreign applicant will apply for the non-immigrant visa by completing form DS-160 online. This form is accompanied by several documents, including the applicant’s valid travel passport, birth certificate, and police clearance. The candidate would likely be required to undergo a medical examination from an approved physician.
If the second step is approved, the sponsored fiancé will be invited for an interview that will take place at the nearest embassy or consular officer location. If the process goes well, the visa will be approved, and the alien partner can travel to the U.S.
How a Fiancé Visa Lawyer Can Help
The USCIS has set up several restrictions and hurdles that applicants for K-1 visas have to pass through before they can lawfully enter the U.S. With numerous forms to file and documents to compile, it is no wonder that many people find the application process daunting. But that doesn’t have to be you.
With the help of competent immigration attorneys, you can save yourself the stress of the immigration process and focus on getting ready to welcome your soon-to-be spouse.
Your immigration lawyer in Marietta can help you present a solid petition and ensure you fulfill the immigration law requirements in time. This could save you time and money as you have a higher chance of getting it right the first time.
Get Help With Your K-1 Visa at Manji Law, P.C.
If you need a reliable and experienced immigration attorney in Atlanta, Georgia, consider calling us at Manji Law, P.C. We can handle the K-1 visa application process on your behalf and help you resolve any issues. Call us at (678) 902-2999 to get immigration help.
Common Questions on K-1 Visas
What if We Already Got Married in a Foreign Country?
If you and your partner are already married but had the wedding in your spouse’s country, you may not need the K-1 visa as long as your marriage is recognized under U.S. law. In that case, the K-3 visa would likely be a more appropriate option for you. But it’s best to consult experienced attorneys before you begin the process to make sure.
Can the K-1 Visa Be Extended?
K-1 visas are valid for 90 days, within which the applicant and U.S. citizen sponsor should be married. If they fail to get married within the stipulated time, the foreign national fiancé must leave the U.S. or face deportation.
Is It Worth Getting a Lawyer for K-1 Visa?
Having the support of an experienced lawyer is highly recommended for marriage visas. Immigration laws are complex and constantly changing, so you need the help of a reliable attorney to ensure you meet the necessary requirements.
Is K1 Visa a Lawful Permanent Resident?
No, the K-1 visa is not a lawful permanent resident. The K-1 visa is a non-immigrant visa that allows the sponsored foreign partner to stay in the U.S. temporarily until they marry their U.S. sponsor and can apply for permanent residence.