Get Immediate Help:800-909-8129

K-1 Fiancé Visas

We've helped thousands of people just like you, and we can help you too. We speak results!

Union City K1 Visa Lawyer

Getting married and planning your wedding is one of the most exciting times of your life. You and your partner deserve a memory untainted by unnecessary Visa stress. Our Union City K1 Visa lawyer at the Law Offices of Lloyd E Bennett Esq., P.C. has decades of experience helping individuals navigate the immigration process. The experience we provide is vital to avoiding pitfalls and mistakes in the constantly changing legal landscape of immigration law. 

The United States has seemingly endless requirements to obtain a K1 Visa successfully. In addition to the lengthy process of being approved for your visa, you face additional time constraints when you marry. Thankfully, our New Jersey immigration attorney is experienced in the intricacies and minutia of the process, allowing you to focus on the start of your life with your spouse while we handle the visa paperwork. 

What is a K1 Visa?

A K-1 visa, or the fiancé visa, is meant for engaged couples who intend to marry in the United States. The US Citizenship and Immigration Services explains that this visa for fiancés of U.S. citizens is intended for those with a meaningful and genuine relationship who plan to marry within 90 days of admittance to the United States. After the marriage, the non-resident spouse may then apply for a Lawful Permanent Resident (LPR) status and obtain your green card.

In addition to large amounts of paperwork, the costs for applications and fees can add up. Most required paperwork will come with fees for visa services. Petition and application fees alone can quickly amount to $1,000 or more, increasing many couples’ motivation to bring in an attorney, ensure that things are done correctly the first time, and avoid duplicated fees because of mistakes. 

Immigration Statistics

The likelihood of your k1 visa being denied is low relative to other visas like F-1 or student visas. However, in recent years, data analyzed based on K1 denial rates provided by the US Department of State range from 10% to 17%. While this leaves an approval rate of 80% or more, imagine facing a nearly 20% chance of staying separated from your family. 

If you have not secured an immigration attorney and your visa is denied for any reason, you may benefit from contacting one. Just because they provide a reason does not mean it cannot be appealed. Our firm has had successful immigration case results when fighting denials for a number of reasons, including disqualification for criminal convictions. Our success in these cases meant that the spouse was able to stay in the United States with their family. 

General statistics for visa issuance can be found on the Bureau of Consular Affairs website. The immigrant visa statistics provided can be quite dense. Still, you may choose to explore these numbers, including the annual numerical limits for the numbers available and information regarding those on the wait list with the National Visa Center. While these can be helpful to provide a general understanding of acceptance, denial, and waitlist numbers, you should direct specific questions to an attorney.

Why Do You Need an Immigration Attorney?

Immigration law is constantly changing, and this can cause unnecessary delays in your application if you miss something doing it yourself. Some of the most common reasons the United States Citizenship and Immigration Services (USCIS) will deny your visa are avoidable. These include errors such as:

  • Incorrect forms 
  • Missing information 
  • Fraudulent documents
  • Missed deadlines
  • Poor interview
  • Inadequate evidence of the relationship
  • Undisclosed or poorly explained criminal charges

How Our K1 Visa Lawyers Can Help

Lloyd Bennet is an engaged member of the American Immigration Lawyers Association, which provides access to the largest group of immigration lawyers in the country. His ongoing engagement and communication with immigration and regulatory bodies such as United States Citizenship and Immigration Services, the Executive Office of Immigration Review, Immigration and Customs Enforcement, and the office of the Principal Legal Advisors mean our firm has a well-rounded understanding of the immigration system. 

You may be unsure what to expect when you begin the process of obtaining a K-1 visa for your fiancé. While it is true that the system can be navigated without the help of a K1 visa lawyer, support from Lloyd E Bennett Esq. P.C.  can make the process much smoother. 

When you hire our firm, we provide access to our immigration program, which allows you to provide the necessary information required to complete the application. 

We can provide an individualized checklist with everything you need to submit for the visa application. Once you submit the documents, we will review them and file your application with the United States Citizenship and Immigration Services on your behalf. As your application is processed, you can review the progress in our program. The length of the process can vary depending on your specific situation, but you can generally expect it to take 14-18 months. 

K-1 Visa Requirements 

Contrary to what it may seem, the K-1 visa is not technically an immigration visa but simply a way to lawfully enter the country for 90 days to marry. During these 90 days, you must marry and apply for a Green Card. The eligibility requirements for a K-1 visa may seem strenuous, and in many ways, they are meant to be since their purpose is to ensure a bona fide relationship. Beyond an engagement and pending marriage to a US citizen or someone with an LPR status, other eligibility criteria include:

  • No history of committing major crimes
  • Citizen or LPR sponsor (fiancé)
  • Must marry within 90 days of entering the country
  • Current vaccinations
  • Must be eligible to marry
  • Evidence that you have met in person at least once in the 2 years before filing, though waivers may be granted in specific situations
  • Medical evaluation

If you have met the above criteria following the submission of the I-129 F, the USCIS will notify you of the petition acceptance and notify the National Visa Center, which will then notify the appropriate consulate. At this time, your fiancé may submit the K-1 Visa application. If you have eligibility concerns, speaking with a K1 visa attorney in Union City, New Jersey, may be vital in completing the process successfully.

Required Documents

The specific documents for each couple will vary to a degree, but there are basic requirements that you can expect to be asked to satisfy to submit a complete application. You should also prepare to provide appropriate translations for documents that are not in English. These documents include:

  • Birth certificate
  • Evidence of the engagement
  • Evidence of the relationship
  • Medical examination records
  • Proof you are eligible to marry 
  • Police certificates 
  • Death certificates or divorce decrees from prior relationships

If any of the official documents are in a language other than English, you may need to provide translated copies. A k-1 visa attorney can help you determine if this is appropriate. Immigration workers may ask you to provide additional paperwork beyond this in some circumstances to provide more support for the relationship and validity of the engagement and impending marriage. You may be asked to provide physical copies of these documents at your visa interview, or additional documents may be requested following the interview. 

What to Expect in Your K-1 Visa Interview

Upon receipt of the K-1 application, the embassy will send a notification of the visa interview.  The purpose of the interview is to establish that the relationship is, in fact, loving and genuine. They may ask some seemingly invasive questions about your relationship, including:

  • How you met
  • What happened at the proposal
  • What your fiancé does for a living
  • Names of ex-spouses or children
  • What is your favorite thing about them
  • What kind of hygiene products do they use

One of the many reasons your k1 visa may be denied is a lack of preparation for the interview. You should plan to bring documents and materials that support the story and validity of your relationship. This can include videos or pictures of time together, records of social media engagement, souvenirs from trips you may have taken together, or memories you have that may all be valuable in your interview. In short, anything you can bring or present that helps tell the story of your relationship may be useful in your interview. If you are unsure whether you should bring something, you can discuss it with your k1 visa attorney.

Representation at Your Interview

If you have concerns about your interview, you may have the option to have your attorney present.  This is not the default practice, but if you face a situation such as previous denials or other complicating factors, it may be helpful to have your representation present. Otherwise, you can speak with your immigration attorney before the interview to ask any questions you may have in preparation. 

Next Steps

After your interview, authorities can approve your application or deny it, or they may ask for follow-up information. This can be additional documentation or even a second interview. If all goes well, you will receive a passport with your visa and a sealed packet of documents to provide when you enter the United States. 

After you enter the United States and marry, you must apply for your Green Card to remain in the country. You cannot apply for an extension after your visa expires, so it is crucial to complete your marriage and application promptly. If you have not married by the time your K1 has expired, you must leave the country, or you may face further complications like deportation. 

Adjustment of Status

After your marriage, you can work with a k1 visa attorney to help you file for an adjustment of status. This process, if approved, will adjust your status to receive your Green Card. Much like the initial k-1 process, to receive an adjustment of status for permanent legal residency, you must complete an application and provide the required documents.  

Understanding Your Green Card Status

It is imperative to keep track of the deadlines for your visa application. If you have not been married and applied for your CR1 Green Card within 90 days of entering the country, you may face immediate visa termination and removal from the country. Working with an attorney gives you the best chance of avoiding challenges like these. 

When you receive the initial CR1 Green Card, this is conditional and valid for two years. The law requires the holder to file for an adjustment of status to remove the conditions and receive an unconditional 10-year Green Card. This adjustment also follows strict guidelines, requiring the holder to apply for the removal of conditions within 90 days of expiration under threat of revocation and possible deportation. 

If you are uncertain or have any questions regarding when to apply for your CR1 Green Card or remove conditions after two years of marriage, an attorney can be a vital resource to ensure you are not needlessly separated from your family. The process may appear straightforward, and in many ways, it is. It is also exact and unforgiving, so avoid taking the unnecessary risk of navigating the system yourself and work with an attorney. 

What if My Application is Denied?

Your K1 visa application may be denied for any number of reasons. However, denial does not mean The Law Offices of Lloyd E Bennett cannot appeal it. We have a track record of happy clients for whom we have successfully fought against denied visas, condition removal, or Green Card renewal. 

If you have received a denial for your k1 visa, it can be more challenging to obtain in the future. While some factors are beyond your control, it is vital to consider the factors you can control, including delays in tasks like procuring records from the medical examination, requesting new official documents that may have been lost, or securing the police certification to bring to your interview.

We may be able to intervene on your behalf to secure a favorable outcome if something goes wrong, but the importance of proactively keeping track of required paperwork deadlines and addressing any other problems cannot be understated. Hiring our firm can make it easier to take a proactive approach and mitigate damage if something has already gone wrong. 

Call a K-1 Visa Lawyer Today

If you are hoping to relocate to the United States to marry and live with your partner, the safest option is to hire a K-1 visa lawyer as soon as possible. The Law Offices of Lloyd E Bennett can provide a centralized flow for all of your documents and fees and review them for errors or problems prior to submission. This increases the chance of a speedy acceptance and decreases your risk of an unwarranted denial while providing access to legal support if you encounter problems. 

Our team is dedicated to fighting for families who want to begin their lives together in the United States. Regardless of whether you are just conceptualizing the need to undergo application for a k-1 visa and Green Card or you are mid-process and encountering issues, we are here to help. You can contact us today for a case consultation to discuss your options. 

DO NOT LEAVE YOUR LOVED ONE’S FUTURE TO CHANCE. SCHEDULE AN INITIAL CASE CONSULTATION WITH OUR EXPERIENCED AND DEDICATED NEW JERSEY FIANCEE VISA ATTORNEY TODAY!