K-1 Fiancé Visa

Portland K-1 Fiancé Visa Lawyer

Diligent Legal Representation and Guidance Offices in Medford & the Portland Area

When you find the one you love, you do not want to spend an extended amount of time apart from your loved one. The K-1 fiancé visa allows engaged partners of U.S. citizens to travel to the United States for purposes of getting married. The new spouse will generally be permitted to remain in the country while seeking a marriage green card, allowing the couple to remain together while their case is processed.

Our Portland K-1 fiancé visa lawyer is ready to help you obtain a visa approval to enter the U.S. and then facilitate a marriage in the United States before guiding you through the spousal green card application process. Our team at Sarpa Law has over 15 years of legal experience and understands the intricacies of the U.S. immigration system. We value the importance of keeping families together and are committed to helping you build your lives together in the United States.

Qualify for a K-1 Visa: Your Path to a U.S. Wedding

The K-1 fiancé visa is available to qualifying partners of U.S. citizens. This includes same-sex couples, even if the noncitizen fiancé’s home country does not recognize same-sex marriages. Couples seeking to use the K-1 fiancé visa must meet several other eligibility requirements.

You may qualify for the K-1 fiancé visa if:

  • Your partner is a United States citizen. Partners of lawful permanent residents are not eligible for the K-1 visa.
  • You and your partner are currently unmarried. While this may seem obvious, you will need to prove that you are legally able to marry. This means that any previous marriages must have been legally terminated through divorces, annulments, or death.
  • You can demonstrate the authenticity of your relationships. United States Citizenship and Immigration Services (USCIS) is wary of immigration fraud and aggressively scrutinizes newer marriages. You will need to provide evidence that you and your fiancé have a genuine relationship that will lead to marriage.
  • You have met with your fiancé at least once in the preceding two years. You must provide evidence of a physical meeting with your fiancé at some point in the two years prior to submitting your application. Exceptions can sometimes be granted for cases involving “extreme hardship.”
  • Your U.S. citizen fiancé meets the visa’s income requirements. Your partner’s adjusted gross income (AGI) on their latest tax return must meet or exceed 100% of the Federal Poverty Guidelines. Otherwise, they will need an additional sponsor to submit an “affidavit of financial support.”

In addition to the above requirements, you and your partner must attest that you plan to wed within 90 days of your arrival in the United States. The K-1 visa is only valid for 90 days, so it is vital that this requirement be met. If a wedding does not take place and the sponsored fiancé overstays their K-1 visa, they will begin accumulating unlawful presence, which can result in serious consequences – including removal and rulings of inadmissibility.

The K-1 visa is not necessarily right for everyone. Our Portland K-1 fiancé visa attorney can assess your circumstances and advise whether this solution makes sense for your situation.

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The K-1 Fiancé Visa Process

You must be sure that you are ready to get married when you submit your application. Again, you will only have 90 days to conduct the marriage ceremony once the sponsored fiancé enters the country.

You will need to include a wide variety of supporting evidence with your K-1 visa application, including:

  • The sponsoring partner’s proof of U.S. citizenship
  • A copy of the sponsored fiancé’s passport
  • Passport-style photos of each partner
  • Evidence supporting the authenticity of the relationship
  • Evidence proving a physical meeting between the partners in the preceding two years
  • Sworn statements attesting that a marriage will take place within 90 days of the sponsored fiancé’s entry into the United States

Next comes what can be a substantial waiting period. These waiting periods fluctuate and for the latest average time you would need to consult with our attorney. This is an important consideration when determining whether you wish to seek this visa.

Once USCIS has processed an application, the sponsored fiancé will receive a notice to submit additional documents to their home country’s U.S. embassy or consulate. They will then need to attend an in-person interview at the nearest embassy or consulate office. The interviewing agent will ask questions about the application and decide whether to approve the visa.

A sponsored fiancé will have six months to enter the United States after they have received approval to travel to the country. Timing is important: You will only have 90 days to complete the marriage and then you must begin preparing to submit application materials for a green card after the marriage.

The newlywed couple will be able to remain together in the United States while their petition for a marriage green card is adjudicated. Should their request be approved, the sponsored fiancé can immediately request an adjustment of status from within the country. Since the marriage is new, the sponsored fiancé will receive a “conditional” green card and will need to “remove conditions” after two years.

Our Portland K-1 fiancé visa lawyer is ready to serve as your guide and advocate throughout each step of this process. At Sarpa Law, we understand the timing nuances of the K-1 visa and can help you avoid common and damaging errors. We are invested in our clients’ long-term success and will work to meet all of your immigration needs.

Schedule a consultation to discuss your case with our Portland K-1 fiancé visa attorney. Call the Medford office at (503) 755-5587, the Portland office at (541) 262-6677, or contact us online today!

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