Planning a wedding is stressful enough under the best of conditions, but when one member of the wedding party needs to file paperwork with USCIS in order to immigrate into the United States, the process of being married can in itself be overwhelming. Although the immigrant visa process is relatively straightforward, as far as immigration procedures go, it is a complicated and time-consuming process that requires hours of preparation and follow-through. On top of that, it is an emotionally draining process for some couples as they attempt to comply with the many requirements set forth under U.S. guidelines and laws, and then deal with United States Citizenship and Immigration Services (USCIS) officers and agents who are involved along the process. That is why seeking the help of a fully experienced immigration attorney who understands U.S. immigration laws and guidelines in obtaining an immigrant visa through a marriage-based petition can remove most of this stress, as well as ensure that the process is done properly and that your loved one is approved for their conditional residency.
What Is a Fiance Visa?
A K1 fiance visa (K-1 visa) is a visa that is issued to a person of another country which allows that person to receive a non immigrant visa to enter the United States in order to marry a U.S. citizen. This is a non-immigrant visa, meaning that the new spouse will have to marry once they enter the United States within 90 days and then they must submit additional applications to USCIS, after marriage, to seek a conditional immigrant visa, and later, legal permanent immigration status.
Understanding the K1 Process
In order to obtain a K1 fiance visa (K-1 visa), a U.S. citizen must submit on behalf of the foreign party a form I-129F, Petition for Alien Fiance, forms G-325A, Biographical Information, other supporting evidence and requisite filing fees to USCIS. Once this application is processed, the applicant will receive a Notice of Action verifying receipt of the application packet and instructing you on further requirements, if needed.
Upon completion of all the necessary paperwork filed with USCIS, background checks will be conducted on both parties. After approval, your fiance will then be contacted by the consulate or embassy in their country and asked to provide documentation supporting the application. They will also be requested to complete a medical exam and participate in a formal visa interview. Once these steps are completed, the visa will be issued within a few days to a week, and mailed to the foreign party, with the timeline dependent on the local consulate or embassy workload. After the visa is issued, the foreign party can travel to the United States to join their fiancé and marry.
When to Seek Professional Assistance
While it is possible to complete the entire K1 visa process independently of K1 legal counsel or K1 legal representation, it is advisable to seek professional assistance from an immigration attorney who specializes in this type of immigration services early in the application process. Remember that specific evidence and timelines must be met in order to move the application process forward. Furthermore, errors or miscommunication with the consulate or embassy officials in the foreign country at any time during the application process can delay the visa indefinitely or cause a visa to be denied, causing unneeded emotional and financial strain on you and your fiancé, as well as leaving you both without being united in one country.
The immigration law offices of Goldstein & Scopellite, PC, located in Dallas, TX, and Tucson, AZ, was established in 2002, and we have an excellent track record in immigration law. For more information, see our local listing in D Magazine.
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