Congratulations! You and your partner are engaged to get married and are ready to move forward with your life together. If you do not have legal status but your partner is a United States citizen, you may need to take a few other steps first, including securing a visa so you can enter the country to get married. Working with a Palm Bay fiancé(e) visa lawyer could help you navigate the complex visa process. Jag Law, PLLC’s knowledgeable family immigration attorney, Shoba Jaglal, is ready to help ensure you complete all the necessary actions to start building your life in the U.S.
The K-1 visa, commonly called a fiancé(e) or engagement visa, is a temporary nonimmigrant visa that allows a foreign national to enter the United States to marry their U.S. citizen sponsor within 90 days of arrival. To qualify, couples must meet several strict legal, financial, and relationship requirements.
The partner residing in the United States must petition to sponsor their fiancé(e) before they enter the country. In addition to each party stating their intent to marry, the U.S. citizen must show they can financially support their fiancé(e) while they adjust to life in the U.S.
The fiancé(e) visa, also known as the K-1 visa, allows a prospective immigrant to enter the country for a predetermined period, usually 90 days. The fiancé(e) must marry their partner and apply for an adjustment of status during the 90 days. Failure to marry during this period will cancel the visa.
Like most other immigrants petitioning for the right to enter the United States, a K-1 visa applicant will need to attend a visa interview. In doing so, they must demonstrate the legitimacy of their relationship and plans to marry their sponsor, as well as all relevant documentation.
A Palm Bay attorney could help you or your partner prepare for a K-1 visa interview to ensure it goes smoothly.
An individual with minor children also attempting to enter the country must apply for a specific visa for each child. The K-2 visa pertains to children under 21 whose parents are entering the United States on a K-1 visa. Any changes or revocations of the K-1 visa holder’s status can change the K-2 visa holder’s status, as well.
The K-2 visa application is typically filed at the same time as the K-1 visa.
To remain in the United States, the fiancé applicant will need to marry their partner and apply for legal permanent resident status before their K-1 visa expires.
A fiancé(e) visa (K-1 visa), unlike a spouse visa, conveys only temporary permission to enter the United States and does not automatically grant the right to work. A K-1 visa holder must get married in order to apply to receive work authorization while awaiting legal permanent resident status. However, a fiancé(e) visa is often easier to obtain and may be processed more quickly than a spouse visa. Working with a Palm Bay fiancé(e) visa attorney could help both partners understand the differences, their options, and the best solution for obtaining green card status.
If you would like to apply to enter the United States on a fiancé(e) visa or have a partner who intends to enter the United States, working with a Palm Bay fiancé(e) visa lawyer could prove beneficial. An attorney could provide you with critical information that makes it easier for you to decide how to address your immigration needs and ensure your application is successful. Contact Jag Law, PLLC today to learn more.
