K-1 visas, also known as fiancé visas, are one of the most common ways for immigrants to enter the U.S. and become eligible for citizenship. Making sure these visas are processed properly and in a timely fashion is essential to ensure the best possible outcomes for these arrangements. Establishing eligibility for a K-1 visa is the first step in the process to become a full-fledged American citizen.
To prove that you are eligible for a K-1 visa, you must provide documentation to verify that you are not currently married and that you have met your prospective partner at least once within the past two years. To start the process, the U.S. citizen must file Form I-129F with the U.S. Citizenship and Immigration Services (USCIS). This form is known as the Petition for Foreign Fiancé(e) and can be used to allow entry for your prospective bride or groom. A K-2 visa must be obtained for any minor children they may have. The names of these children should be listed on the Form I-129F at the time of submittal.
Once the K-1 visa has been approved and issued, your fiancée or fiancé can enter the country legally. The marriage must be performed within 90 days of entry into the U.S. The visa can also be used to allow your future spouse to work once he or she has entered the U.S. until it expires. After the marriage takes place, your fiancé or fiancée can apply for permanent residence and an extended work permit that will ensure their eligibility to stay in the country and engage in profitable employment. If the wedding does not occur within the 90-day window, however, the visa will expire and the person who entered on it must depart the U.S.
If you are planning a wedding in the near future, contacting the immigration professionals at Pozo Goldstein can help you stay in compliance with the letter of the law to ensure that your upcoming marriage goes smoothly and that your fiancé or fiancée can remain in the country legally. Our team includes former prosecutors and a former judge in the immigration field, ensuring the highest degree of expertise when handling your case.