Given the stakes, it is crucial that you devote time and resources to getting the application process correct.
A K1-fiance visa lawyer can help you both complete the visa application and deal with any issues that arise during the process. In Las Vegas, speak with the Hayoon Kane Law Firm, PLLC about your immigration options now.
Who Is Eligible to Apply for a K-1 Fiancé Visa?
There are requirements that both fiancés must meet for the one who resides outside of the United States to qualify for a visa. The fiancé who resides in the United States must have the financial means necessary to support the other fiancé when they arrive in the country. They must also be able to legally marry in the United States.
The other fiancé must live outside of the United States. The couple must have been in person at least once in the preceding two years. They must also be legally free to marry.While a U.S. marriage green card is the first step for the spouse to enter the country, it may also be the introductory step in a process that eventually leads to citizenship. There are two types of green cards by marriage:Presumably, you begin with a conditional green card before seeking to remove the conditions on your status and receive a permanent one.
USCIS May Question the Nature of the Relationship
Although it certainly is possible to qualify for a K-1 fiancé visa, you can expect USCIS to pay very close attention to the nature of the relationship before they grant the request for a visa. They need to be assured that the engagement is in good faith for a bona fide marriage. The parties must both show that they have an intent to marry and build a life together in the United States. USCIS wants to know that there is no immigration fraud occurring solely to obtain a visa for someone to enter the United States.While a U.S. marriage green card is the first step for the spouse to enter the country, it may also be the introductory step in a process that eventually leads to citizenship. Presumably, you begin with a conditional green card before seeking to remove the conditions on your status and receive a permanent one.
Evidence That You Would Include with Your K-1 Fiancé Visa Application
The evidence that you submit with your application should tell a story that your relationship with your fiancé is legitimate and will lead to a genuine marriage. The specific proof that you need depends on the facts and circumstances of your situation. A K-1 visa lawyer can help you compile the supporting documentation that you need to present USCIS with a compelling application.
Evidence that you may include with your K-1 fiancé visa application can include:
- Personal statements from each of the fiancés that may detail the story of their relationship, how they met, and the shared goals that they have between them
- Supporting documentation that can prove a relationship between the two, which can include communications between the couple, pictures of the fiancés together, and travel plans that they have
- Statements from family and friends who are familiar with the relationship between the fiancés
USCIS would review the evidence that they have received to make their own determination about whether there is a legitimate relationship between the fiancés and the intent to marry.
The K-1 Visa Approval Process
The United States citizen will begin the application process. They will file Form I-129F, which is the Petition for an Alien Fiancé. This application needs to establish the intent to marry by including the information detailed above. The fiancé who lives abroad cannot even go to an embassy or consulate to apply for a visa in person until certain requirements are met. In addition to being about to prove that there is a bona fide intent to marry, there are also other requirements that you must meet for a K-1 fiancé visa.
USCIS will conduct a background investigation on both individuals before they will grant the petition. They will look into criminal issues, potential national security threats, and other information.
Once USCIS approves the initial Form I-129F, the fiancé will then be able to begin their own application process. They must schedule a visa interview at the local embassy or consulate. They must bring fingerprints to the interview. USCIS will ask further questions about the legitimacy of the relationship and the arrangements for the marriage.
What Happens When a Fiancé Gets a K-1 Visa?
Having a K-1 visa is still not a guarantee of admissibility into the United States. The fiancé may still face additional scrutiny at the point of entry. CBP officials at the point of entry may still deny entry. There may be additional biometrics and systems checks at the time that they enter the United States. Then, the fiancés need to marry within 90 days of entry into the country.
You can file the appeal with either the USCIS’s Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). To prevail in an appeal, you must present arguments or evidence that shows that USCIS made either a mistake of fact or law in denying your application.
How Long Does it Take for the K-1 Visa Process?
The K-1 visa process is not necessarily a short one. There are numerous steps that you need to follow before you can get a petition approved by USCIS. All told, you can expect the process to take roughly 8 to 12 months from the time of application to approval, meaning that you must plan in advance. You do not want to introduce additional delays into the process by making any mistakes that might cause USCIS to reject the application or ask for additional information. A K1 visa lawyer can help you prepare a comprehensive application that can avoid some of these pitfalls.
How Long Does it Take for the K-1 Visa Process?
Once you have gotten married, you need to convert your status. When you have a K-1 fiancé visa, you will not be able to work in the United States. After your marriage, you would apply for a conditional green card, which is good for two years. Once that period elapses, you will then apply for a permanent green card, which opens the pathway to citizenship.
Why a K-1 Visa Petition May Be Denied
USCIS may deny a K-1 visa petition for a number of reasons, including:
- You have not submitted sufficient evidence of a bona fide relationship between you and your fiancé with the bona fide intent to marry
- You have not proven that you have the financial ability to support your spouse in the United States
- There are errors in the application, or it is missing documents
- There are security concerns about the fiancé who is entering the United States
- There are concerns about immigration fraud
The right immigration attorney can often avoid these denials by preparing a proper application from the start.
What Can You Do if Your K-1 Fiancé Is Denied?
The approval rates for K-1 fiancé visas vary by year and country. Recently, approval rates have been falling as USCIS has been paying even closer attention to applications.
You have legal options if your K-1 fiancé visa petition has been denied. Working with a K1 visa immigration lawyer, you can challenge the rejection of the petition. First, you can file a request for reconsideration with the USCIS. You can also file an appeal to have a third party review the rejection to determine whether the USCIS case officer made an error of fact or law in their denial of the petition.
Either the USCIS Office of Administrative Appeals or the Board of Immigration Appeals will hear your case. An immigration lawyer for a K1 visa will gather evidence and present your strongest arguments to the judge in the hopes of reversing the denial.
How a Fiancé Visa Immigration Lawyer Can Help You?
Any type of immigration process can be both stressful and difficult. The stakes cannot be higher because your potential marriage is on the line. You can take some of the stress and burden off yourself by hiring an immigration lawyer for a fiancé visa. A fiancé visa lawyer can help you in many ways. Aside from handling all of the details for you, a fiancé visa immigration lawyer can do the following for you:
- Review the details of your case to determine whether the fiancé will qualify for a visa
- Help you compile the supporting evidence that you need to present a persuasive application to USCIS
- Handle communications with USCIS on your behalf
- Help you respond if USCIS makes Requests for Evidence
- Appeal any denial of your petition for a fiancé visa
The immigration process can be uncertain and stressful. Although there are no guarantees of success when you hire an immigration attorney for your case, you may have a better chance of having your visa application approved, and you will certainly have less stress. You certainly do not have to worry about making any errors that can delay or jeopardize your petition.
Contact a Las Vegas K1 Visa Lawyer Today
Reach out to the Hayoon Kane Law Firm, PLLC, to discuss your fiancé visa application. It is better to contact an immigration lawyer as early in the process as possible to avoid any potential errors that can present difficulties for your application.
You can schedule a free initial consultation with an immigration lawyer for a K1 visa by visiting our website or by calling us today at (702) 463-7630. Our K1 visa attorney has extensive experience in helping people just like you, and you can feel confident when we are working on your case.
