K-1 Visa in the United States
In the U.S., a Fiancé or K-1 Visa is a non-immigrant type of visa granted to foreign-citizen fiancé (e) of a U.S. citizen. Once given to a foreign-citizen fiancé, the K-1 visa consents him / her to visit the US and marry his or her U.S. citizen sponsor within 90 days of arrival.
In accordance to U.S. immigration law, the foreign-citizen fiancé and U.S. citizen sponsor should have met at least during the past eighteen months, must both be able to marry, and, if given the visa, must get wed within 3 months from the day of his or her arrival in the US. When the marriage does not take place in this particular allotted period, the foreign-citizen fiancé must leave the country to get rid of violations of immigration regulations.
In situations such as the foreign-citizen fiancé wishes to work in the U.S. prior the wedding, he or she can accomplish that. However, to become allowed, he or she must sign up for an employment authorization first. This application is processed outside of the 90-day period, thus, it is better to get married first so that there won’t be any need to submit a re-application for a new employment authorization.
The processing of a fiancé visa entails a great deal of work, patience, time and most especially punctually completing all the needed documents being requested. If not, any error or false submission of papers may lead to getting the application revoked. This is considered as one the most popular main reasons why most K-1 visa applications get denied.
Typically, the waiting period can last approximately six months to a year. Upon the day of issuance, it is valid for half a year and, once the petitioned fiancé enters the U.S., the visa gets activated and is valid for a 90-day time period. It is crucial that the couple marry within this period so that the fiancé can eventually submit an application for adjustment of status and be allowed to live and work in the country freely. Understand that the visa is non-renewable and cannot be extended. The fiancé might face deportation if the marriage doesn’t happen within the given 90-day period.
For U.S. citizens who want to take along their foreigner fiancé to the U.S., the fiancé or K-1 visa stands out as the sort of visa that answers their hopes. There is no guarantee on the approval of the petition but as long as each party have the ability to follow all the requirements of the application process, they both could expect good results after all their efforts.
Sometimes confusion and a few difficulties occur while in the application. So, for individuals who want to be certain on the way things will turn out as planned, hiring an immigration lawyer is a wise action to do. Doing so does not merely reduce the burden of doing all the paperwork but in addition makes certain that the couple consider all the application properly. Hire an immigration lawyer who’s noted for his or her expertise on the field of U.S. immigration law.
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