Like many, you may be looking for that special someone to share your life with. When you finally find your other half, you may feel like nothing stands against you. However, if the love of your life is not from the same country as you, you may encounter some obstacles. As such, it’s essential to understand the K-1 visa process, which can permit travel to the U.S. to marry your partner. Please continue reading to learn what the K-1 visa process entails and why it’s recommended to connect with a dedicated Middlesex County, New Jersey, Family Immigration Lawyer is in your best interest.
What Are K-1 Visas?
The fiancè(e) K-1 nonimmigrant visa is reserved for the foreign citizen fiancè of a United States citizen. A K-1 visa allows a United States citizen to bring their fiancè to the U.S. for marriage and become a lawful permanent resident. Since it’s a nonimmigrant visa, it allows for a temporary stay in the U.S., not permanent residency. However, once you tie the knot, you can apply for adjustment of status to become a lawful permanent resident.
If you plan to sponsor your foreign partner to enter the U.S., your income must meet or exceed 100% of the Federal Poverty Guidelines. It’s also important to note that the U.S. citizen and the foreign financè must prove that they have met at least once within the two years before filing a petition with USCIS.
What is the Process for Obtaining a K-1 Visa?
If you meet the eligibility requirements for a K-1 visa, the United States citizen must file Form I-129F, Petition for Alien Fiancè(e), with the US to initiate the application process. The petitioner must show that both parties intend to marry within 90 days of the foreign national’s admission to the U.S. as a K-1 nonimmigrant. If the petition is approved, USCIS will notify the Embassy or Consulate where the foreign national will apply for the K-1 visa. Understanding that an approved petition permits you to travel to the U.S. is essential. In addition, it does not guarantee that the Department of State (DOS) will issue a K-1 visa.
When it’s time to apply for the K-1 visa, DOS will conduct background checks and conduct an interview. You must provide evidence of the relationship and proof of medical examinations. These measures help ensure applicants are bona fide fiancè eligible for the visa. After you have received your K-1 visa, you will be permitted to travel to the U.S. Upon entry to the country, you will be inspected by Customs and Border Protection (CBP). If CBP admits you, the period of admission is 90 days. This period cannot be extended. Therefore, you will have 90 days to marry your U.S. citizen finacè.
Once you enter a legal union, you are eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status. This will enable you to apply for a green card and apply to have the conditions removed from your permanent residency after two years.
For more information about the K-1 visa process, please don’t hesitate to schedule a consultation with a knowledgeable lawyer from the Law Offices of Aditya Surti, LLC today.
