K-1 Fiancée Visa

The K-1 Fiancé(e) Visa process is designed to unite U.S. citizens with their foreign national fiancé(e)s without a prolonged separation. Below are the essential steps and requirements for obtaining a K-1 Visa and the subsequent adjustment of status:

K-1 Fiancé(e) Visa Requirements:

  1. Legally Free to Marry: Both partners must be legally eligible to marry according to laws of both the United States and the foreign national’s home country.
  2. Meeting Requirement: The couple must have met in person at least once within the two years prior to filing the visa petition, unless meeting in person would violate strict and long-established customs, or would result in extreme hardship to the U.S. citizen.
  3. Marriage Intent: The foreign national and the U.S. citizen must genuinely intend to marry within 90 days of the foreign national’s arrival in the U.S.
  4. Financial Support: The U.S. citizen sponsor must meet certain income requirements to ensure the foreign national will not become a public charge.

K-1 Visa Process:

  1. Petition Filing: The U.S. citizen sponsor files Form I-129F, Petition for Alien Fiancé(e), with USCIS.
  2. Petition Approval: After USCIS approves the petition, it is sent to the National Visa Center (NVC) and then to the U.S. Consulate or Embassy in the foreign national’s home country.
  3. Interview: The foreign national must attend an interview at the U.S. Consulate or Embassy and provide proof of the relationship and intent to marry.
  4. Entry to the U.S.: If the K-1 visa is granted, the foreign national may enter the U.S. and must marry the U.S. citizen petitioner within 90 days.

Adjustment of Status (Green Card Application):

  1. Marriage: After marriage within the required 90-day period, the foreign national can file for an Adjustment of Status to become a Lawful Permanent Resident (LPR) by submitting Form I-485 to USCIS.
  2. Conditional Residence: If approved, the foreign national will receive a conditional green card valid for two years.
  3. Removing Conditions: Within the 90-day period before the expiration of the conditional green card, both spouses must file Form I-751 to remove the conditions on residence.

K-2 Visa for Children:

  • Children of the foreign national fiancé(e) can come to the U.S. with a K-2 visa.
  • They must be unmarried, under 21 years old, and apply for adjustment of status following the primary K-1 applicant’s application.

Important Consideration:

A step-child relationship must be created before the child turns 18 for future immigration benefits, such as petitioning for the child as a step-child.

If you are considering applying for a K-1 Fiancé(e) or K-2 visa for a fiancé(e)’s children and seeking expert guidance through the process, we can help you understand the benefits of engaging professional legal services.

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Dear Mr. Ahluwalia, I would like to thank you for all your help with Dr. xxx case. She and I were very impressed with your services and the professionalism that you showed both of us. I am referring you to a very good friend of mine who is opening a manufacturing plant and wants to bring his brother in as a partner/investor/employee from Italy. I am forwarding your information for xxxx to contact you and make arrangements accordingly. Thank you for all your help.

Dr. F.

Inderjit, thank you so very much. I sincerely appreciate all the effort you took to get this approved and your incredible patience. As xxx mentioned, we will only work with you for all our future H1's. Thanks once again.

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