K1 Visa Lawyer in Fresno

Getting Help From an Experienced K1 Visa Lawyer in Fresno

Falling in love with someone who is from another country can prove logistically difficult. It may mean learning a new language and having to create a new life in a new country. If you’re engaged to a U.S. citizen, it may be possible to do just that within the United States after being granted a K1 visa. However, there are specific eligibility criteria that must be met with this visa option, and the process isn’t as easy as many people think it is. If you are a foreign citizen fiancé interested in coming to America, you need an experienced immigration attorney to help you through the process.

At Bains Law Offices, we have helped countless clients understand whether they qualify for the K1 visa, whether it’s the best visa option for their situation, and how to navigate the process. Call our office to schedule a consultation to get started.

What Is a K1 Visa?

A K1 visa is a type of nonimmigrant visa to enter the United States. This visa can be issued to the fiancé(é) of a United States citizen who lives in a different country. If you are engaged to a U.S. citizen and want to come to the United States to marry, you can apply for a K1 visa through the U.S. Citizenship and Immigration Services office. To be eligible, the couple must be able to legally marry in the United States, meaning that any previous marriages have been legally terminated through divorce, death, or annulment, and the parties must be at least 18 years of age in most states.

Other requirements include having met your fiancé(é) in person at least once in the past 2 years and being able to prove that your relationship is legitimate. You must have the intention to marry within 90 days of your entry into the United States, and your fiancé(é) must meet federal poverty guidelines. Applying for a K1 visa can be a complicated process, and the help of an experienced K1 visa attorney from Bains Law Offices can give you the best chance at success in obtaining a K1 visa and marrying your fiancé(é). Call our Fresno office today at 559-282-8924.

What Is the Difference Between a Fiancé Visa and a Marriage Visa?

A K1 visa is a fiancé visa for those who are engaged, while a CR-1 visa is a spousal visa for those who are already married. While the K1 visa is only available to someone who is engaged to a U.S. citizen, it’s possible for a Green Card holder to sponsor a spouse on a CR-1 visa. If there is a compelling reason that you need to get married within the United States, such as your country not recognizing the marriage, a K1 visa may be the better option. However, the CR-1 visa can often be less expensive overall, which may be a factor for those with limited funds.

Are there Advantages to Marrying in the United States Instead of in Another Country?

Sometimes, it is impossible for a couple to get married in a country other than the United States. For example, many countries do not allow same-sex marriage. Because same-sex marriage is legal in the United States, however, the fiancé(é) of a person of the same sex has the same rights to a K1 visa as an opposite-sex fiancé(é). Other impediments to marriage outside the United States could include required parental permission, stricter age requirements, or other requirements that do not apply in the United States.

It is also possible that the fiancé(é) who is a U.S. citizen cannot travel out of the country for some reason, making it necessary for the foreign fiancé(é) to travel to the United States to marry. Another advantage to applying for a K1 visa instead of marrying in another country if the couple intends to live in the United States in the future is that this process is much faster than applying for a marriage Green Card for the non-citizen through a consular process in another country.

Can I Get a K1 Visa If I’m Engaged to a Lawful Permanent Resident?

Although a Green Card holder living in the United States is a Lawful Permanent Resident of the country and has access to many of the benefits that citizens of the United States enjoy, such as the ability to work and be free of immigration enforcement troubles, there are some aspects of full citizenship that Green Card holders cannot access. One of these is applying for a K1 visa for a fiancé(é). Your fiancé(é) must be a citizen of the United States, whether by birth or by naturalization, at the time of application for a K1 visa. However, there may be other visa options, depending on your circumstances. Contact Bains Law Offices to discuss your situation and find out how you can be reunited with your loved one.

How Can I Prepare for the K1 Visa Interview?

Before you can be granted a K1 visa, you have to go through an interview process. This is to ensure that your relationship is legitimate and that your intentions to marry are true. Only the person applying for the visa attends the interview. You will not be able to have your attorney or your fiancé(é) with you. While this can be stressful, knowing what to expect can help you feel more at ease.

The interviewer will ask questions about your relationship, such as when you first met and when you got engaged. Be truthful and bring anything you have, such as pictures, to back up what you’re saying. The interviewer may also ask about your future plans, such as when you plan to get married and where you will live.

How Long Does It Take to Get a K1 Visa?

Getting a K1 visa is not a quick process. It can take four to seven months for the application itself to be approved by the U.S. Citizenship and Immigration Services office. After this step, the application is then forwarded to the National Visa Center, which involves another six to eight weeks of review. Once this is done, you will still need to schedule your visa interview, which can take a month or so. If there are any doubts about the legitimacy of your relationship or admissibility into the United States, you may be required to produce additional documentation, which can delay the process.

It’s important to note, however, that these are general guidelines, and the actual length of time it takes for a K1 visa to be approved can vary widely, depending on your circumstances and your home country.

What Happens After I Enter the United States on a K1 Visa?

Once you have been granted a K1 visa and have traveled to the United States, you must marry the fiancé(é) who sponsored your visa application within 90 days of entry. If you do not marry within 90 days, you must return to your home country immediately. Once you are married, you can apply for an adjustment of status to obtain a marriage Green Card and begin enjoying the benefits of Lawful Permanent Resident status.

In the future, you may decide to pursue citizenship in the United States yourself through the naturalization process. Any interaction with immigration services in the United States is likely to be complex and time-consuming. Hiring one of our experienced K1 visa attorneys can ease your mind and help you make your dreams come true. Call Bains Law Offices today at 559-282-8924 to get started.

Can I Bring My Children With Me on a K1 Visa?

Children under the age of 21 who remain unmarried may be included on your K1 visa application. If they are determined to be eligible, they will be issued K2 visas at the time that you are granted your K1 visa. Then, they may enter the United States with you or after you but not before you enter. Once you marry your fiancé(é), your children may become eligible to apply for their own Green Cards and achieve Lawful Permanent Resident status.

It’s clear that the process of applying and being approved for a K1 visa can be complex, but having an experienced immigration attorney on your side can ensure you’re prepared. If you’re engaged and want to ensure that you and your fiancé(é) can be reunited and married in the United States, reach out to Bains Law Offices to speak to an attorney and get the process started. Call our office at 559-282-8924 today.