Importance of Hiring a K-1 Visa Lawyer in Atlanta, GA

Manji Law, P.C.Manji Law, P.C.
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For those with superficial knowledge about immigration, a K-1 Visa Lawyer in Atlanta can provide information. Manji Law P.C. offers advice.

Manji Law, P.C.
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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 fiancé(e) 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(e) visa, you need to meet several eligibility 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 both the petitioner and foreign fiancé(e)
  • 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 (the Online Nonimmigrant Visa Application form). 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.

 

The Interview Process for K-1 Visa Applicants

An integral part of the K-1 visa application process is the interview, which takes place at the nearest U.S. embassy or consulate. This interview aims to confirm the relationship’s legitimacy and evaluate the foreign fiancé’s eligibility for the visa. The consular officer will ask various questions about the relationship history, plans for the wedding, and future life together in the U.S., among other relevant topics.

It’s crucial to prepare thoroughly for this interview as the officer’s decision will be primarily based on it. The foreign fiancé(e) should bring all necessary documents, including proof of the ongoing relationship with the U.S. citizen fiancé, such as photos, emails, letters, and other documents supporting their case.

The interviewing officer will also seek to confirm that all the information provided in the application is accurate and that both parties genuinely intend to marry within the stipulated 90 days. It’s essential to answer all questions truthfully and consistently since any discrepancies could lead to a visa denial.

Post-interview, if everything goes well, the visa is approved, and the foreign fiancé(e) can travel to the U.S. to marry their American partner.

Steps After K-1 Visa Approval: Adjusting Status and Obtaining a Green Card

Once the K-1 visa is approved and the marriage takes place within the stipulated 90 days, the next crucial step is adjusting the status to a lawful permanent resident, commonly referred to as obtaining a green card.

This process begins with filing Form I-485, Application to Register Permanent Residence or Adjust Status, with the United States Citizenship and Immigration Services (USCIS).

It’s essential to prepare for this step by gathering the necessary documents, including the marriage certificate, proof of the sponsor’s U.S. citizenship, and the foreign spouse’s valid K-1 visa.

The adjustment of the status process can be intricate, with timelines varying significantly based on individual circumstances and USCIS workload. During this period, the applicant may apply for permission to work in the U.S. by filing Form I-765, Application for Employment Authorization, and for travel authorization outside the United States with Form I-131, Application for Travel Document.

Successful completion of this phase culminates in the issuance of a conditional green card, valid for two years. To remove the conditions and obtain a permanent green card, couples must file Form I-751, Petition to Remove Conditions on Residence, within the 90 days before the conditional card expires, proving the marriage’s authenticity and continuity.

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 Fiancé(e) at Manji Law, P.C.

If you’re a U.S. citizen engaged to someone from another country, it’s essential to understand the process and requirements for obtaining a K-1 visa. This non-immigrant visa allows your fiancé(e) to enter the United States and marry within 90 days of arrival.

However, navigating the immigration system can be challenging, especially when it comes to obtaining a fiancé visa. That’s why it’s crucial to seek the help of an experienced immigration attorney.

At Manji Law, P.C., we have a team of dedicated attorneys who can guide you through every step of the K-1 visa application process. From filing the initial petition to preparing for your fiancé(e) ‘s interview, we will work tirelessly to ensure your case is handled carefully and precisely.

Contact us today to schedule a consultation with one of our experienced K-1 visa lawyers in Atlanta, GA. We are committed to helping you reunite with your fiancé(e) in the United States quickly and efficiently. So don’t wait any longer. Let us help you bring your loved one home.

Call us at (678) 210-5421 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. The K-3 visa would likely be more appropriate for you in that case. 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 a 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 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 lawful permanent resident status.