Congratulations! You’re engaged to the love of your life, and you’re ready to get married and live in the United States in wedded bliss. It sounds like a simple procedure, but when your spouse lives in a different country or doesn’t have United States citizenship or permanent residency, the process becomes much more complicated.
The happiest times in your life don’t have to be weighed down by immigration paperwork and policy headaches. If you find yourself in this situation, reach out to an experienced California Fiancé and Marriage Visa Lawyer. An experienced attorney from Singh Ahluwalia Attorneys at Law will be on your side throughout the entire visa process, ensuring that all the proper steps are followed and all the correct paperwork is filed in order to maximize your chances of timely approval.
Let us help you with your happily-ever-after! Contact us any time, by calling (559) 878-4958 or contact us online. We would love to work with you and help you get started on your future as a happy married couple. Reach out to us today so that we can get started working for you!
How Can a California Fiancé and Marriage Visa Attorney Help Me?
Anyone who has spent any time trying to work with the immigration system in the United States knows that the process is far from easy or uncomplicated. There are so many forms to fill out, pieces of documentation to submit, and payments to complete. Though it would not be impossible to do by yourself, your stress could be significantly lessened by hiring an experienced fiancéand marriage visa attorney to help.
The attorneys at Singh Ahluwalia Attorneys at Law have over 40 years of combined immigration law practice. With experience like that, you can rest easy knowing that you are being taken care of by extremely capable attorneys. Our lawyers have worked with everyone from individuals to large companies, so their able to approach every case from a place of deep knowledge and familiarity.
If you are ready to start your life with your soon-to-be married spouse, reach out to us so we can help the process be as smooth and easy as possible. We look forward to hearing from you!
What Are The Different Types of Fiancé/K Visas?
There are three main types of Fiancé visas — or K visas — available to foreign national fiancés and their children. The three visas include K-1, which is known as the fiancé visa, as well as K-2 and K-3.
All three visas have very specific requirements and guidelines. It can be in your best interest to work with an experienced fiancé and marriage visa attorney to ensure a relatively quick and error-free process.
A quick overview of the three types of fiancé/pre-marriage visas is listed below.
K-1/Fiancé Visas
These visas are petitioned by the U.S. citizen fiancé to bring their foreign national fiancé into the country for the sole purpose of getting married. Once these visas are issued, the foreign national has six months to enter the country and is then given 90 days to get married after their arrival.
If the marriage fails to happen, or if the foreign national fiancé wishes to marry a different U.S. citizen, they must return to their country and begin the process again.
K-2 Visas
These visas are awarded to the children of the foreign national fiancé. The visas are available to the unmarried children of the foreign national fiancé, as long as they are under the age of 21, and will grant them temporary legal status.
K-3 Visas
These visas are awarded to spouses who have already been legally married before the foreign national spouse has tried to relocate to the United States.
A K-3 visa lasts for a maximum of two years, or until the U.S. citizen spouse files the I-130 form, at which time the application for a green card starts. However, these visas can be extended if the United States Citizenship and Immigration Services (USCIS) takes longer than two years to process the I-130 form.
These different visa types have very specific guidelines, specifications, and restrictions that must be met before these visas are awarded. If you are trying to apply for any of these visas, it is within your best interest to contact an experienced attorney who is familiar with immigration law and visa applications.The lawyers at Singh Ahluwalia Attorneys at Law are here to help!
What Are The Restrictions For K-1 Visas?
Unfortunately, obtaining a K-1, or “fiancé” visa, is not easy. Every type of visa has stringent requirements that can be difficult to fulfill.
There are strict eligibility restrictions, as well. Some of the restrictions are:
- Once the visa has been issued, the foreign national fiancé has 6 months to enter the United States.
- The visa holder cannot adjust their legal status until they have married the U.S. citizen who originally filed the petition for the visa.
- If a K-1 visa holder decides not to marry the original petitioner and wishes to marry another U.S. citizen instead, they must return to their home country and restart the process.
- If the marriage fails before any status changes, the K-1 visa holder will not be allowed to change their status.
- The marriage to the U.S. citizen must occur within the first 90 days of entry into the United States.
- Additionally, there are specialized waivers required for certain situations. These waivers can apply to U.S. citizens who have applied for more than two K-1 visas or for a citizen who has acquired a K-1 visa within the past two years.
Obtaining a K-1 visa can be a complicated charge, so contacting an attorney with experience in immigration law would likely be beneficial. Working with an experienced attorney can help you anticipate the kinds of provings you will be expected to make in order to demonstrate that your intentions fall in line with the expectations of the visa program. Further, we can help you respond to any denials or requests for more information. Our experience, legal knowledge, and comprehensive case management services give you the best chance at receiving a visa in a timely manner.
What Are the Restrictions for K-2 Visas?
K-2 visas are very similar to K-1 visas, except they apply only to the children of the foreign national fiancé. This program allows the children to travel to the United States with their parent, given that the children are unmarried and under the age of 21.
However, much like the K-1 visas, there are strict rules and restrictions for acquiring a K-2 visa. Some restrictions are:
- The K-2 visa holders can only stay in the United States for 90 days under K-2 status.
- Any person who has previously violated immigration law will not be allowed to enter the country.
- As mentioned above, any eligible child must be unmarried and under 21 years of age.
Adjusting From a K-1 Visa to a Green Card
Once the foreign national fiancé has married their U.S. citizen spouse within 90 days of their entrance into the country, they can begin the process of adjustment, or applying for a green card.
There are certain restrictions, or impediments, that might halt the process. The following circumstances may get in the way of the application process and/or make the application ineligible for receiving a green card:
- Having a previous immigration law violation
- Having a communicable disease
- Having an active drug addiction
- Having a physical or mental disability that has been linked to threatening behavior
- Failure to present proof of vaccination.
Barring these special circumstances, there are generally three steps in applying for a green card. These steps are:
- Complete and submit Form I-130 with supporting documentation
- Submit the green card application
- Attend your green card interview
Even though the steps can be broken down in such a way that the process looks simple, the road to getting a green card is anything but easy. In order to ensure that the process is as straightforward as possible, consider working with a fiancé and marriage visa attorney who knows how to help you prepare for whatever might come your way.
Work With Proven Immigration Attorneys
If you are ready to start the next chapter in your life, but will need to file visas in order to do so, reach out to the experienced attorneys at Singh Ahluwalia Attorneys at Law. With thousands of clients served and over 40 years of combined immigration law experience, we have the expertise to help make your dreams of the future come to fruition!
Reach out to us today to schedule a confidential, no-obligation consultation. We speak Hindi, Punjabi, Spanish, and English. You can contact us by calling (559) 878-4958 or contacting us online to have someone reach out to you. We look forward to working with you and your family to help you get set up for a happy and successful future!
