______________________________________________________________________Fiance and Spousal Visas
The K visa category is a hybrid of a non-immigrant and an immigrant visa. The K visa does not substitute for a green card. However, these visas are granted even to those who have the intention to immigrate in the near future.
There are two main types of K visa: a fiancé(e) visa (K1) and a spouse visa (K3). Dependents of a fiancé(e) are entitled to a K2 visa, while dependents of a spouse are entitled to K4 visas.
K1 Fiancé(e) Visa
The fiancé(e) visa was established for those immigrants who intend to marry a United States Citizen within 90 days of their arrival to the United States . The foreigner does not have to intend to permanently settle in the United States in order to be eligible for a fiancé(e) visa. However, before fiancé(e) status expires, the foreigner must either apply for an adjustment of status or leave the United States .
In order to be eligible for a fiancé(e) visa, applicants must meet certain criteria. The main criteria are the following:
- The Petitioner must be a US citizen (not a lawful permanent resident);
- The Petitioner and his/her fiancé(e) must have the intent to marry within 90 days of fiancé(e) 's arrival;
- The Petitioner and his/her fiancé(e) must have met each other in person within the last two years (though this requirement can be waived based on cultural customs or extreme hardship);
- The Petitioner and his/her fiancé(e) are legally able to marry. This means they are both over the age of 18 years and all their previous marriages have been legally dissolved;
Additionally, the applicants will have to demonstrate that the fiancé(e) is not going to become a public charge.
Procedure : The Petition for Alien Fiancé(e) , together with the supporting documentation, is filed by the Petitioner with the appropriate USCIS center. After the service center approves the petition, an approval notice is sent to the country where the beneficiary fiancé(e) is living. The fiancé(e) will be required to undergo a medical examination to make sure that he/she does not have any communicable diseases. Finally the fiancé(e) will be able to apply for a K1 visa at the Consular Office.
K3 Spousal or Marriage-Based Visa
If you are already married to a U.S. citizen, you may apply for a marriage-based visa. An immigrant visa petition (I-130) must first be filed by the U.S. citizen spouse on behalf of the foreign spouse. The couple must be legally married, in a bona fide marriage and neither of the spouses can be married to anyone else. The procedure is similar to the K1.
Why do you need an immigration attorney?
First of all, you should not forget that United States immigration laws are very complicated. A good immigration attorney will make sure that you or your fiancé(e) /spouse are indeed eligible for a visa and further immigration benefits. This is especially important if a foreign spouse/fiancé(e) has had any previous negative immigration history in the United States .
Second, immigration laws and procedures change all the time. You may not notice the increase in application fees, poverty guidelines or changes in procedural requirements while getting your application package ready for filing. Hiring a professional ensures that your application package is up-to-date on the day of filing.
Third, an immigration attorney who constantly monitors processing time and updates can properly advise you on the fastest way to get your spouse/fiancé(e) to the United States , whether through a fiancé(e) visa, marriage outside of the United States or immigrant petition.
Fourth, a good immigration attorney can help insure that your application package is free of errors, and that all required supporting documentation accompanies the application.
Finally, your immigration attorney should remind you about important deadlines and further procedures after you successfully obtain your K visa.
At the Law Office of Kseniya Zavala, we maintain a high level of knowledge concerning Fiancé(e) and Spousal Visas as well as other immigration law developments.
Our clients receive:
• Expert legal services provided by a licensed attorney, not a paralegal.
• High quality client support, including prompt answers to client communications.
• A very reasonable price for all services.
If you would like to retain our services, please contact our office at (505) 779-1622 or via e-mail: contact@kzavalalaw.com .
Our Visa services:
- Consultation. Prior to starting the process we make sure that you and your spouse/fiancé(e) are eligible to receive the intended immigration benefit.
- USCIS Forms Preparation. Our office will prepare all the necessary forms and will send them to you for a final review and signature. Upon receiving the signed forms, we prepare the application package and mail it to the appropriate USCIS center.
- Supporting Documentation. Our office will guide you through the collection of supporting documents.
- Application package. Our office will prepare your application package in an easy-to-review format, including a cover letter, table of contents and tabbed sections.
- Communication with USCIS. Our office will handle all necessary communications with the USCIS and with the Foreign Consulate.
- Embassy Visa Application. Our office will prepare all embassy forms and your Affidavit of Support. We will also advise your spouse/fiancé(e) on proper collection, preparation and collation of supporting documents. Prior to the interview we review the entire visa application package.
