Are You Coming To The U.S. To Get Married?
The K-1 visa, also known as the fiancé(e) visa, allows a foreign national to enter the United States to marry a U.S. citizen. This should be a joyous time for couples as they make wedding plans and start their lives together in America.
But the U.S. Citizenship and Immigration Services (USCIS) is skeptical of fiancé(e) visas. It wants assurance that the marriage is “real” and not just a sham arrangement to obtain a green card. The New Jersey immigration lawyers of Gurnani & Gurnani, Attorneys at Law, help citizens and their fiancé(e)s file the paperwork and prove to the government that their marriages are legitimate.
Legal Help For The K-1 Fiancé(e) Visa
The K-1 nonimmigrant visa permits the fiancé(e) to enter the country. The couple must marry within 90 days of arrival. After the marriage takes place, the foreign spouse can apply for adjustment to permanent resident status (green card). This green card is granted on a conditional basis for two years as a safeguard against marriage fraud.
The process begins with the U.S. citizen filing a Form I-129F, Petition for Alien Fiancé(e) to request a K-1 travel visa for their future spouse to come to the United States. Our lawyers have practiced in U.S. immigration law for 30 years. We make sure all the proper documentation is submitted, and we can address any barriers to entry such as past immigration violations or deportable crimes. We also help clients prepare for the USCIS interview, including evidence of your relationship and good faith intention to marry.
K-2 Visas For Children Of The Fiancé(e)
Children of the foreign fiancé(e) can accompany their parent through the K-2 nonimmigrant visa. The child must be under the age of 21 and unmarried. Once their mother or father marries the U.S. citizen, the child can apply for immigrant status, which allows them to study or obtain a work permit.
What If The Marriage Falls Through?
K-1 and K-2 visas expire after 90 days. If they couple does not follow through with a legally recognized marriage, the foreign national and their children must leave the U.S. within 30 days. The only exceptions are the U visa or T visa for immigrants who have been victims of crimes (such as domestic violence) or human trafficking. We may be able to help you stay in the U.S. if you entered on a K-1 visa but did not get married due to one of these valid reasons.
We Can Help You Get Started
Our experienced and friendly lawyers will explain everything and help you with every stage of your I-129F petition and K-1 visa. We take pride in our attention to detail and communication with our clients as they deal with the immigration process. To arrange a consultation, call our law office in Edison at 732-902-0794 or reach out to us by email.