Top California immigration lawyer, Franklin Nelson, explains fiance and spouse temporary visas, how to get them, what they’re for, and everything else you need to know!
Top California Immigration Lawyer Explains Fiance and Spouse Temporary Visas
The K1 Visa
The K1 visa is otherwise referred to as the “fiance visa” and it is a way for a U.S. citizen to bring their fiance to the U.S. from another country with the intention of marrying them. To complete the K1 process it takes approximately 6 months – this may seem like a long time, but it’s actually a much shorter processing period than the time it takes to get admitted to the country on a K3 or “spouse visa”. For an individual to bring their fiance into the U.S. on a K1 visa, they must sponsor their fiance for their visa. When the visa is granted, the fiance will be allowed to enter the country under the assumption that within 90 days the marriage will take place.
Once the fiance is married to a U.S. citizen, they can then apply to have their legal status in the U.S. adjusted so that they may become a legal permanent resident. This change of status is done through USCIS and it takes around 10 1/2 months to complete so it should be done as soon as possible after the marriage.
The K3 Visa
The K3 visa is otherwise referred to as the “spouse visa” and it is a way for a U.S. citizen to bring their spouse from another country into the U.S. This type of visa is used for couples who are married outside the U.S. For example, if you meet and marry your spouse in Berlin and they are a Citizen of Germany and you are a Citizen of the U.S. and you both plan on living together in the U.S. This visa may also be granted for someone with an approved I-129F form that has been forwarded to the American consulate abroad with the intention of applying for a K-3 visa.
Why It’s Important to Retain an Immigration Attorney to Help With Fiance and Spouse Temporary Visas
When seeking to obtain a fiance or spouse visa, you will quickly find that the process can be overwhelming and unfortunately, one misstep can result in a delay or halt in processing the visa altogether. Retaining a top California immigration lawyer can ensure that you don’t misstep when you go through the K1 or K3 visa application process. Your lawyer will be able to guide you through each step of the application and approval process to be sure that you provide all of the necessary information on your application, meet necessary deadlines, and file paperwork with the correct authorities.
Top California Immigration Lawyer Answers Fiance and Spouse Visa FAQs
If I hold a green card in the U.S. can I bring my fiance or spouse into the country on a K1 or K3 visa?
Yes. You may bring your fiance or spouse into the country on a K1 or K3 visa if you are a citizen of the U.S. or if you have a green card and are a legal permanent resident.
Can I check the status of my visa petition online?
Yes, you can check the status of your visa petition online at the USCIS website here.
Can my husband / wife come to the U.S. to live with me while their visa application is being processed?
If you are a citizen of the U.S. and you have filed the I-130, your husband / wife can then apply for a K3 visa. This will then entitle them to come to the U.S. where they may live and work while the visa petition is still pending. You must, however, petition for this benefit by filing Form I-129F.
My request for a visa was denied…now what do I do?
In situations like this, a top California immigration lawyer can be of particular assistance. When you receive a visa denial letter it will contain information on how to appeal the denial and when you must file your appeal by. Pay particular attention to these details if you plan to appeal the decision. There is a fee required when you file the appeal form for your visa application. Once your appeal form and payment have been processed, your case will then be transferred to the Board of Immigration Appeals where it will be reviewed. Only some decisions may be eligible for appeal, but if your denial letter states that you may appeal the decision, your case IS eligible for appeal.
Can I bring my fiance to the country on a fiance visa if their divorce is not yet finalized?
No. In order to enter the country on a fiance visa, your fiance must already have terminated their previous marriage through divorce, death, or annulment.
If I’ve never met my fiance in person, can I still bring them to the U.S. on a fiance visa?
This depends. In general, you are required to have met your fiance in person at least once over the past two years in order to bring them into the country on a fiance visa. This requirement can be waived in some situations, however, if you prove that meeting in person would “Violate strict and long-established customs of your fiancé(e)’s foreign culture or social practice” or if meeting in person would cause extreme financial hardship to the U.S. citizen of the relationship.
Looking to Hire a Top California Immigration Lawyer to Represent You?
If you’re on the lookout for a top California immigration lawyer to represent you, then you’ve come to the right place. Since 1994, Attorney Nelson has been representing the rights of immigrants on American soil and he’d be more than happy to help you too! Just click here to send Attorney Nelson an e-mail and as soon as he’s free he’ll give you a call back!