Denver Colorado Fiance(e) K1 Visa Lawyer, Aurora Boulder K-3 Attorney, James S Sarpong, handles all US immigration matters – K-1 Visa, K-3, Asylum, Naturalization/Citizenship, Deportation/Removal, Green Card/Adjustment of Status. Call/Email/Browse site for more details.
Aurora Boulder Denver Colorado Family Based US Immigration Law Attorney / Employment Based US Immigration Law Lawyer. Aurora Boulder Denver Removal Deportation Attorney-Lawyer. Adams County, Arapahoe County, Boulder County, Denver County, Douglas County, Colorado.
Fiance(e) K-1 Visa (I-129F, Petition for Alien Fiance(e))
Fiance(e) K-1 Visa is a non-immigrant visa that allows Fiance(e)s of U.S. Citizens to travel to the United States so that they can get married. The marriage must take place within 90 days of the fiance(e)’s arrival in the United States. Children of the Fiance(e) may travel along with their parent to the United States on a K-2 Visa. Once in the United States, the fiance(e), after the marriage (now the spouse of a U.S. Citizen), may adjust their status.
Requirements:
- 2 Passport Photos (one of the petitioner, one of the beneficiary)
- 2 Original Statements of Intent to Marry(one by the petitioner, one by the beneficiary)
- 2 G-325As (one by the petitioner, one by the beneficiary)
- Evidence that you have met in person within the last 2 yrs (photos, copies of travel itinerary, copies of travel tickets, etc)
- Proof that Prior Marriages Terminated (if any)
- Proof of U.S. Citizenship(Birth Certificate, Passport, Naturalization Certificate, etc)
- Criminal Records (if any)
The Immigration and Nationality Act (INA) provides a nonimmigrant visa classification, Fiancee Visa K1, for foreigners coming to the United States to marry U.S. citizens and reside in the U.S.
If your fiancee is not a citizen of the United States and you plan to get married in the United States, then you must file a visa petition with USCIS on his/her behalf. After the visa petition is approved, he/she must obtain a fiancee visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of him/her entering the United States. If the marriage does not take place within 90 days or your fiance marries someone other than you, he/she will be required to leave the United States. Until the marriage takes place, your fiance is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancee may not obtain an extension of the 90-day original nonimmigrant admission.
If your fiancee intends to live and work permanently in the United States, he/she should apply to become a permanent resident after your marriage. (If your fiance does not intend to become a permanent resident after your marriage, your fiance/new spouse must leave the country within the 90-day original nonimmigrant admission.)
Who is Eligible for the Fiancee K1 visa
- U.S. citizens who will be getting married to a foreign national in the United States may petition for their fiancee.
- You and your fiancee must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death.
- You must also have met him/her in person within the last two years before filing for the visa. This requirement can be waived only if meeting your fiancee in person would violate long-established customs, or if the meeting requirement would create extreme hardship for you.
You may also apply to bring your fiancee’s unmarried children, who are under age 21, to the United States.
Will My Fiancee Get a Work Permit?
After arriving in the United States, your fiance will be eligible to apply for a work permit. You should note that USCIS might not be able to process the work permit within the 90-day time limit for your marriage to take place.
Spousal K-3 Visa (I-129F, Petition for Alien Fiance(e))
Spousal K-3 Visa is a non-immigrant visa that allows Spouses of U.S. Citizens to travel to the United States to be with their spouse while the USCIS processes their I-130, Petition for Alien Relative. Children of the spouse may travel along with their parent to the United States on a K-4 Visa. Once in the United States, the spouse may adjust their status.
Requirements:
- Notice of Receipt from USCIS (that I-130 Petition is being processed)
- Marriage Certificate
- Proof of U.S. Citizenship (Birth Certificate, Passport, Naturalization Certificate, etc)
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.
Who is Eligible?
A person may receive a K-3 visa if that person:
has concluded a valid marriage with a citizen of the United States;
has a relative petition (Form I-130) filed by the U.S. citizen spouse
for the person;
seeks to enter the United States to await the approval of the
petition and subsequent lawful permanent resident status, and,
has an approved Form I-129, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse.
A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.
How Do I Apply?
So that the alien spouse and child may apply for a K-3 nonimmigrant visa for a spouse and a K-4 nonimmigrant visa for a child, the citizen must file Form I-130 on behalf of the alien spouse with the applicable Service Center having jurisdiction over the citizen’s place of residence. The citizen petitioner will then receive a Form I-797, Notice of Action, indicating that the I-130 has been received by the USCIS. The citizen should then file a copy of this I-797, along with a Form I-129F on behalf of the alien spouse and any children.
Petitioners should be careful to follow all instructions on each form and provide the Service with all necessary documentation. Following adjudication of the Form I-129F, the petition will be forwarded to the applicable consulate so that the alien beneficiary or beneficiaries may apply to the Department of State for nonimmigrant K-3/K-4 visas.
Will I Get a Work Permit?
Persons in K-3 or K-4 status and applicants for adjustment to permanent resident status from K-3 or K-4 are eligible to apply for a work permit while their cases (Form I-130 or Form I-485) are pending. You should use USCIS Form I-765 (Application for Employment Authorization) to apply for a work permit.
You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently.
Can I Travel Outside the United States?
If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.
Family IR-1 Immigrant Visa
Unlike non-immigrant visas such as K-1, K-2, K-3, K-4, and etc, the IR-1 Immigrant Visa allows for the spouse of a U. S. Citizen to enter the United States after U.S. Consular Processing. Upon entry into the United States, they may process their Permanent Residency /Adjustment of Status. Children of IR-1 Immigrant Visa beneficiaries may also apply for an IR-1 Immigrant Visa that will allow them to travel to the United States as well.
Requirements:
- I-130 Petition for Alien Relative
- I-864 Affidavit of Support
- Medical Exam
- ETC
Requirements of U.S. Consular Processing may differ depending on what country the process is being commenced. All the same, our Law Firm has helped clients from different countries obtain their IR-1 Immigrant Visas. So, we do have the experience of working with various U.S. Consulates abroad.
Feel free to contact us (via email or phone) to discuss what options might best fit your goals. We are here to help, so utilize our Expertise.