K Visas - Fiance/Fiancee Visas
SHORSTEIN, LASNETSKI, & GIHON
helps people obtain Fiance/Fiancee Visas.
When a United States citizen decides to marry a non-citizen who is not on U.S. soil, one of the first things that should be considered is an immigration strategy. Timing is always an issue. Delays in processing can keep a husband and wife apart for months or even years in some cases.
The first thing to consider is whether to get married in the United States or outside the United States. If the marriage occurs outside the United States, U.S. citizen can petition to bring the non-citizen spouse over. The processing time for petition varies, but typically takes about 5-6 months to process. Once the petition is approved, the non-citizen spouse can apply through the embassy for an immigrant visa. Once the immigrant visa is approved, he or she can enter the United States as an immigrant and will obtain a green card after admission.
Another option is to apply for a K1 Fiance/Fiancee visa. A K1 visa is designed to allow a non-citizen enter the United States for the sole purpose to get married to a U.S. citizen within 90 days. After the marriage, the non-citizen can apply for a green card (lawful permanent resident status). Like the immigrant visa route, there is about a 5-6 month processing time for U.S. citizens petition before the non-citizen can apply for the K1 visa at the embassy.
Which visa is appropriate depends on you. Where do you want to get married? When do you want to get married? When does the non-citizen want to enter the United States? All of these are factors that we consider in adopting the best strategy for you and your time considerations.
- fiance/fiancee of a U.S. citizen
- seeks to enter solely to get married to the Petitioner (U.S. citizen) within 90 days of admission
- must conclude the valid marriage with the petitioning U.S. citizen
- must establish that it is a bona fide marriage
- must marry the petitioning U.S. citizen
Once the marriage is concluded and the non-citizen files for adjustment of status to that of a lawful permanent resident (green card), they will be issued a conditional lawful permanent resident card. Both the U.S. citizen spouse and non-citizen spouse will have to file a petition to remove the conditions within 2 years.
The child of a K-1 visa holder can obtain a K-2 visa and accompany or follow to join the non-citizen spouse. There are time limitations and age limitations.
Adam Walsh Act
A U.S. citizen who has been convicted of a "specified offense against a minor" cannot have a petition for non-citizen fiance/fiancee approved unless he or she proves beyond a reasonable doubt that he or she poses no risk to the alien beneficiary. These cases are often denied and there is no or limited appellate rights, so call us if you or your fiance/fiancee has a conviction for any offense against a minor.
If you or someone you know is interesting in setting up a consultation to determine eligibility and/or strategy for a K1 visa, please call us: