Securing Your Future Together: Trust the Guardians of Your Immigration Rights for Marriage Visas
One of the most common types of visas are marriage visas. Officially known as a K-1 visa, a marriage visa is a nonimmigrant visa that allows a noncitizen to come to the United States to marry a citizen. This is also one of the most important types of visas because it is a direct pathway to receiving a marriage-based green card or permanent residency. It is also one of the most scrutinized types of visas because it can lead to a green card. This is why individuals who are seeking to apply for a K-1 marriage visa should ask an experienced immigration attorney for help. At the MC Law Group, LLC, we have a legal team of knowledgeable and experienced immigration lawyers in Philadelphia who can assist you with your marriage visa application.
What is a K-1 Visa?
A K-1 visa is known as a marriage visa or a fiancé or fiancée visa. It allows the fiancé or fiancée of a United States citizen to enter the United States to marry. The K-1 visa is issued for 90 days, meaning the wedding must be performed within 90 days of arrival to the United States. This requires a level of planning and coordination to complete the application process, plan the wedding, arrive, and then wed all within a rather short timeframe.
The marriage visa or K-1 visa is a nonimmigrant visa. This means that the noncitizen coming to the United States to marry must submit the marriage green card application for permanent residence after the wedding to become a lawful permanent resident and stay with their new spouse.
What Constitutes a Fiancé or Fiancée?
To obtain a K-1 visa, the foreign citizen/noncitizen must be a fiancé or fiancée of a United States citizen. This means that the marriage must be legally recognized in the state where the couple intends to get wed. The marriage itself must also be legal and both parties must be legally free to marry (i.e., not already married, underage, etc.). The citizen and noncitizen must have met within the last two years and have some type of ongoing relationship. However, there are instances where an arranged marriage (i.e., the man and woman cannot meet before the wedding), or where an “extreme hardship” may be granted.
Proving a Valid Relationship for a Marriage Visa
To be granted a marriage visa, it is essential to prove the validity of the relationship between the petitioner and beneficiary. This can be done through various forms of evidence, such as joint financial documentation, photographs together, and written statements from friends and family. An immigration lawyer can help you gather and organize the necessary evidence to prove your marriage relationship is genuine.
Avoiding Marriage Visa Scams
Unfortunately, there are many individuals who try to take advantage of those seeking marriage visas. It is important to be cautious and aware of potential scams. Some common red flags include promises of a quick approval, requests for large sums of money, and offers to provide fake documentation. An experienced immigration lawyer can help you avoid these scams and ensure that your application is legitimate.
What Happens to Noncitizen Children?
Where a fiancé or fiancée are noncitizens and have children, the children may be eligible to receive a K-2 visa. This allows the children to come over to the United States for the wedding and live in the United States. It also allows them to apply for a marriage green card, which they would have to do, as a K-2 is also a non-immigrant visa. The children must be the child of the fiancé or fiancée seeking a K-1 visa.
Where the children are going to turn 21 or lose eligibility, there may be some exceptions.
Spouse of a United States Citizen: What Happens Next?
Once the marriage happens, the couple must apply for a green card. The spouse will need to apply for an adjustment of status and provide an application and supporting documents, such as medical exams, proof of marriage (e.g., marriage license, photos of the wedding), police reports, and other evidence. The spouse must submit a Form I-485, Application to Register Permanent Residence or Adjust Status.
After waiting for about six months (or possibly more) for a marriage interview, the green card may be approved at that time. If not approved immediately, there may be follow-up questions or requests for more evidence. In the meantime, the spouse may receive a temporary work permit (known as an Employment Authorization Document) and a travel document (Advance Parole).
After the application is approved at the interview, then the green card should be received in several weeks. The green card holder is now a lawful permanent resident and can remain in the United States. This means that they are free to live, work, travel at will, and even study in the United States.
Things You Should Know About Marriage Visas
Some things you should know about marriage visas include:
It usually takes between six to nine months for processing
It can be expensive (e.g., it may cost $535 for the I-129F petition, $265 for the K-1 visa application, and then another $1,225 for the green card application) plus legal fees
You cannot apply on your own
The couple must get married within 90 days of arrival in the United States
Another six-month wait is usually required, following the green card application process and approval
The immigration process may involve lots of paperwork and documentation
You must both submit biometric information (fingerprints, photos) with the marriage-based green card application to the United States Citizenship and Immigration Services (USCIS)
Need Help Applying for a K-1 Visa? Schedule a Free Consultation with our Immigration Lawyers in Philadelphia, PA
The K-1 marriage visa application process can be complicated, time-consuming, and overwhelming. It is important to ensure that all necessary documentation is submitted correctly and on time to avoid any unnecessary delays or denials. An experienced immigration lawyer can guide you through the entire process and ensure that your application is complete and accurate. They can also help you prepare for the required interviews and provide legal representation if needed.
Our team of dedicated and knowledgeable immigration attorneys has years of experience in handling marriage-based green card applications and other immigration matters. We understand the importance of bringing families together and we are committed to providing personalized, compassionate, and efficient immigration services to help you achieve your immigration goals.
If you need assistance with your K-1 visa application, do not hesitate to contact us today to schedule a free consultation. Let us guide you through the process and ensure that your paperwork is timely and accurately completed for the best chance of success with your marriage visa application.