K-1 Fiancé(e) Visa: Bringing Loved Ones to the U.S.

The K-1 Fiancé(e) Visa process is designed to unite U.S. citizens with their foreign national fiancé(e)s, minimizing the time they must spend apart. If you are seeking expert assistance in navigating the K-1 visa application process, our experienced K-1 visa attorneys in San Jose, Pleasanton, and beyond the Bay Area are here to help. We ensure a smooth application process for bringing your loved ones to the United States. 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

To apply for the K-1 fiancé visa, the couple must meet specific eligibility requirements:

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

K-1 Visa Application Process

The K-1 fiancé visa involves several key steps:

• Petition Filing: The U.S. citizen sponsor must file Petition for Alien Fiancé(e), with USCIS.
• Petition Approval: Once USCIS approves the petition, it is forwarded to the National Visa Center (NVC) and then to the U.S. Consulate or Embassy in the foreign national’s home country.
• Interview: The foreign national must attend an interview at the U.S. Consulate or Embassy, providing proof of the relationship and intent to marry.
• Entry to the U.S.: Once the K-1 visa is granted, the foreign national can enter the U.S. and must marry the U.S. citizen within 90 days.

Adjustment of Status (Green Card Application)

Once the foreign national enters the U.S. on a K-1 visa, they must marry the U.S. citizen sponsor who petitioned for them within the 90-day period. Only after marrying the sponsoring fiancé(e) can the foreign national apply for Adjustment of Status to become a Lawful Permanent Resident (LPR). They cannot adjust status if they marry someone else. The steps include:

• Marriage: After marriage within the required 90 days, the foreign national can file for Adjustment of Status with USCIS.
• Conditional Residence: Upon approval, the foreign national will receive a conditional green card valid for two years.
• Removing Conditions: Within the 90-day period before the conditional green card expires, both spouses must file to remove the conditions on residence and obtain a permanent green card.

K-2 Visa for Children

Children of the foreign national fiancé(e) can enter the U.S. on a K-2 visa. The children must:

• Be unmarried and under 21 years of age.
• Apply for Adjustment of Status after the primary K-1 visa holder has applied.

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

Legal Representation for K-1 and K-2 Visas

Navigating the K-1 fiancé visa process can be complex, particularly when considering the required documentation and financial requirements. At The Ahluwalia Firm, our experienced K-1 visa attorneys in San Jose, Pleasanton, and beyond the Bay Area will guide you through every step of the process, ensuring that all K-1 and K-2 visa requirements are met and helping reunite you with your loved ones.

Conclusion

The K-1 fiancé visa is an essential path for reuniting U.S. citizens with their foreign national fiancé(e)s and children. By meeting the requirements and following the visa process step-by-step, you can achieve family reunification. Our knowledgeable K-1 visa attorneys in San Jose, Pleasanton, and beyond the Bay Area are ready to assist you in preparing your application and guiding you through the K-1 and K-2 visa process.

Contact The Ahluwalia Firm today for reliable legal advice and professional support.