K1 Visa Lawyer
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If you plan to marry someone from another country or want to settle down with a US citizen, then applying for a K1 visa is essential for starting your life together in the U.S. However, the visa process can be intimidating as many details, documents, and steps are involved. Getting a K1 visa is life-changing, and you’ll need the most knowledgeable and experienced K1 visa lawyer by your side to ensure the application goes through successfully with the least amount of hiccups possible.
If you're considering applying for a K1 visa, you don’t have to handle the process alone. Our marriage visa attorneys at Rozas have extensive experience in immigration law and can help guide you through the entire K1 visa process from start to finish. You can feel confident our team will address every question and concern with the care and attention you deserve. Contact us at Rozas to schedule a consultation and take the first step towards starting your new life with your loved one.
What is a K1 Fiance Visa?
A K-1 visa, otherwise known as a fiance visa, is a special type of visa created for engaged partners of U.S. citizens to come and stay in the United States. As long as the couple marries within 90 days, the newlywed spouse can apply for permanent residency, also known as a “green card.” This visa is the best option for couples who don’t want to wait on the immigration process to complete before starting their married life together in the United States.
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K-1 Visa Requirements
Understanding the requirements is a crucial first step to starting the K-1 visa application process. The following are some of the requirements that you need to meet to be eligible for the K-1 visa:
- Be an unmarried U.S. citizen
- Provide evidence that your relationship is genuine and not solely for the purpose of obtaining a visa, including photos, messages, and other documentation that demonstrate your commitment to each other
- Have met your fiance in person at least once within the last two years
- Intend to get married within 90 days of their arrival in the U.S.
- Meet the income requirements for the K-1 visa or find a joint sponsor who can help you meet them
It is important to note that the U.S. Citizenship and Immigration Services (USCIS) recognizes same-sex relationships, which makes them eligible for the same benefits and protections under immigration law as opposite-sex couples. Even if same-sex relationships are not legal in the fiance’s home country, you can still qualify for the K-1 visa and undergo the same process as opposite-sex couples.
The K1 Visa Process
Applying for a K1 visa may seem daunting, but it's necessary if you're looking to start your new life with your fiance in the United States. Several steps are involved, starting with filing the I-129F form, then moving on to the DS-160 form, and lastly, attending an interview with the U.S. embassy. While there may not be many steps involved, each one requires a lot of attention to detail, and it is crucial that you fully understand what each step entails to start your new life with your partner in the United States.
The I-129F Form
First, you must file the I-129F form, a Petition for the Alien Fiance, to USCIS to prove the authenticity of your relationship. Evidence such as messages, pictures, and proof of visits are required to support your claim, along with proof of US citizenship. After filing the I-129F form, you'll receive a receipt notice from the USCIS, and they may request additional information if needed. Once they approve your form submission, you'll receive an approval notice.
The DS-160 Form
Also known as the K-1 visa application, your sponsored fiance will complete this form and provide several documents, such as their birth certificate, valid passport, police check, and a medical evaluation form received from a State Department-approved physician.
The Visa Interview
After completing the DS-160 form, your sponsored fiance will attend a visa interview at the nearest U.S. Embassy or consulate in their home country. This interview can be the most nerve-wracking part of the process, but it's essential for getting approval for the K-1 visa. If the officer needs more information, they may request it from your fiance directly. Generally, the decision is made on the same day of the interview or shortly afterward.
Once your sponsored fiance gets approval for the K-1 visa, they can travel to the United States within six months of the initial I-129F form approval. However, you need to get married within 90 days of their arrival. After the wedding, you can apply for a marriage-based green card with sponsorship from the partner who sponsored your K-1 fiance visa.
How Can a Visa Attorney Help You?
The K1 visa application is very complex; even the tiniest error can interfere with your chances of getting approval. The best way to prevent complications is by working with an experienced K1 visa lawyer who can use their knowledge to guide you through every requirement and procedure.
Assistance with document preparation
The many documents and details you must prepare for the application can be time-consuming and overwhelming. A lawyer can help ensure that all the necessary documents are complete and accurate, which can help expedite the processing time and avoid potential delays or denials.
Preparation and representation at the interview
One of the most nerve-wracking parts of the whole process is, without a doubt, the visa interview with the U.S. embassy. A lawyer can prepare and accompany you to the interview and act as your support and guide throughout the process.
Help with responding to Requests for Evidence (RFEs)
USCIS may issue a Request for Evidence (RFE) if they need additional documentation for your application. A lawyer can assist in responding to RFEs and help ensure you provide all necessary documentation on time.
While hiring a K1 visa lawyer may involve additional expense, it can be a worthwhile investment to help ensure a smooth and successful immigration process.
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225-341-6945Our K1 Visa Attorneys Will Help Bring Your Family Together
At Rozas, we are dedicated to helping individuals who wish to marry a United States citizen succeed. Our founding attorney, David Rozas, and our experienced attorneys are able to provide the compassion and efficiency needed to handle your k1 visa case and achieve the best possible results.
Our team of immigration attorneys will work hard to streamline your k1 visa process so you can join your fiance in the United States as soon as possible. We are happy to answer any questions you may have, such as K1 visa interview tips, How to Apply for a K1 Visa, and any other k1 visa questions you may have.
We are dedicated to making this a stress-free experience. Contact our Louisiana K1 Visa Attorneys below to get started on your case:
Common K1 Visa Questions
The price of a K1 visa varies based on the processing location of the U.S. embassy or consulate and the unique case requirements. Taking these variables into consideration, the fees associated with a K1 visa application are as follows:
- Form I-129F fee is $535
- The medical exam is about $200
- The K-1 visa application fee is $265
The total cost typically falls around $800, but it is important to note that there may be extra costs for translations or obtaining specific documents like birth certificates.
The processing time for a spouse visa (CR1 or IR1) depends on the workload at the USCIS and the U.S. embassy or consulate processing the application and any issues or complications that may arise during the application process. Considering these factors, the estimated processing time for a spouse visa is approximately 12-15 months from filing the initial petition to the visa interview date.
The following are some of the typical documents required for a K-1 visa application:
- Form I-129F (Petition for Alien Fiance): This is the form that the U.S. citizen petitioner must complete and submit to USCIS to initiate the K-1 visa process.
- Evidence of U.S. citizenship: The U.S. citizen petitioner must provide proof of their U.S. citizenship, such as a copy of their U.S. passport or birth certificate.
- Proof of relationship: The petitioner and the fiance must provide evidence of their relationship, such as photographs of them together, travel itineraries showing they have met in person, and affidavits from friends and family members who can attest to the bona fide nature of the relationship.
- Proof of financial support: The petitioner must provide evidence that they meet the financial requirements to support their fiance once they arrive in the United States, such as copies of tax returns, pay stubs, and bank statements.
- Birth certificate and other civil documents: If they were previously married, the fiance must provide a copy of their birth certificate and any other required civil documents, such as divorce or death certificates.
- Police certificate: The fiance must provide a police certificate from every country where they have lived for more than six months since the age of 16.
- Medical examination: The fiance must undergo a medical examination by a panel physician approved by the U.S. embassy or consulate.
You can request expedited visa application processing if there are urgent or unforeseen circumstances, such as a medical emergency or a family crisis. You will need to contact the U.S. embassy and provide documentation to support your request and explain the urgency of your situation. If you have already scheduled an appointment for your visa interview but need to travel urgently, you can contact the U.S. embassy and request an expedited appointment.
The processing time for Form I-129F, Petition for Alien Fiance, depends on the workload at the USCIS and any issues or complications that may arise during the application process. However, the current time estimation for Form I-129F is approximately 8-10 months from the date of receipt.
No. Hiring a K1 visa lawyer is not a requirement, but it can be beneficial to have legal representation to navigate the complex and often confusing immigration process.
Yes. Your fiance can visit the United States while waiting for their K1 visa application to be processed. However, they must obtain a separate tourist visa (B-2 visa) or use the Visa Waiver Program (if eligible) to enter the United States.
Remember your fiance cannot marry or apply for permanent residency while visiting the U.S. with a tourist visa or under the Visa Waiver Program. They must return to their home country and apply for a K1 visa through the consular processing abroad.
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