If you and your fiancé are in the works of getting married, but settling in the United States, we can help you attain both. Applying for a visa can go south if immigrants fail to provide the requirements. Fong Ilagan specializes in family immigration law, including all kinds of visas and fiancé visas, and we know the ins and outs of everything you need to be granted a fiancé visa.
Making the Process As Smooth as Possible
Filing fiancé visas may seem overwhelming with all the documentation and having to meet with legal officials, but Fong Ilagan is here to do all the work for you. Our lawyers are able to gather documents, prepare forms, have them sent out, and assess them so that you can understand the process. All we need you to do is provide us with accurate information and sign all the necessary paperwork. Filing fiancé visas are made possible with our team of dedicated lawyers.
Your Immigration Rights
Fiancé visas allow your partner to work in the U.S. after attaining an Employment Authorization Document. Your fiancé can apply for this document using Form I-765 after you get married. It typically takes about two months to receive this document. During this period, your fiancé will have to wait for work. If you and your fiancé have a child(ren) together, you can file and submit a K-2 application aside from the K-1 visa.
How K-1 Visas for Fiancé(e)s of U.S. Citizens Work
A K-1 visa issued to the fiancé of a United States citizen permits them to enter the country through immediate immigration and they can also become eligible for employment. If you have already married, plan to marry outside of the United States, or if your fiancé is also residing legally in the United States, your spouse or fiancé is not eligible for a K-1 visa.
Eligibility Requirements for K-1 Visas
The requirements for applying for a K-1 visa are rather simple. In order to apply and successfully be granted a K-1 visa, you and your partner must meet the following criteria:
- You (the sponsor) are a U.S. citizen
U.S. citizens are allowed to sponsor their partner. This does not apply to green card holders. Although, green card holders are able to petition for a spouse.
- You have the intent to marry
You must provide proof that you intend to marry your fiancé within the 90 days of them arriving to the U.S.
- You are both legally entitled to marry
You must provide proof on behalf of you and partner that you are legally free to marry and that any previous marriages have been terminated by divorce, death, or annulment.
- You both have enough income
Both you and your fiancé are required to meet the minimum income requirements. This amount typically depends on a few factors. If you do not meet the minimum requirements, you may be apple to use assets or a joint sponsor to help you qualify.
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8/19: Fong Ilagan successfully aided a prominent surgeon’s Iranian-born parents immigrate to the U.S. on an I-130 visa after long COVID related delay.
How to File a fiancé Visa
Filing a K-1 visa is broken up into several steps. Through each and every step, Fong Ilagan can assess your petition, your case status, and assist you in your interview to ensure that you are duly granted your K-1 visa. The steps typically include the following:
- Step 1: File the petition
- Step 2: Schedule your medical exam and interview
- Step 3: Gather required documents to be sent to U.S. Embassy
- Step 4: Medical exam
- Step 5: Interview with the Embassy
- Step 6: K-1 visa issued
Throughout each of these steps, you will have to communicate regularly with the U.S. Embassy, mainly when your case is sent and when they have your fiancé fill out the necessary documentation.
How We Can Help
It can be quite the challenge for partners to work through immigration matters. By offering our personal attention and superior intellect, we can help you properly file and submit documentation and prove your eligibility for admissibility in the United States. The K-1 visa is one of the simplest to file, nevertheless, you will find yourself in need of a lawyer to speed up the process. Allow the team at Fong Ilagan to depict that your soon-to-be-marriage with your fiancé is bona fide and genuine.
Get Your K-1 Visa Approved with Fong Ilagan
If you’re ready to start a new chapter in life with your soon-to-be spouse, Fong Ilagan can guide you through this journey. Let us make this process as simple as possible. Give us a call to schedule a consultation today.
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