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Houston Lawyer for Fiancé Visas

K-1 and K-2 Visas for Intending Spouses of U. S. Citizens and Their Children

Generally, the process of obtaining a nonimmigrant fiancé(e) visa begins when the individual who is a U.S. citizen files a petition, Form I-129F with USCIS. The U.S. citizen or petitioner has to submit proof of his/her citizenship and that both of them are free to contract marriage with each other. There are other criteria that the couple must meet before the fiancé(e) can be allowed to move to the United States for marriage purposes.

For parents holding a K-1 fiance visa and looking to bring their children with them to the United States they must obtain a K-2 Visa. A K-2 visa permits children with K-1 visa holders to enter the U.S. until a immigrant visa is available to them. In order to qualify for this visa the child must be under the age of 21 and unmarried.

No matter what, you will need a Houston immigration lawyer - do not wait to contact Sebastian Simon Law Group, PLLC.

Legal Requirements to Obtain a Fiancé Visa

One of the legal requirements to obtain this visa is that a couple must have "met in person" within two years preceding the filing of the fiancé(e) petition. USCIS may allow exemption from this requirement for those who can show that they are following strict cultural or social practices. Exceptions also are considered for those who would experience extreme hardship if forced to comply with this requirement.

In regard to documents, filing the Form I-129 F, Petition for Alien Fiancée is required. They must be taken to the nearest U.S. Citizenship and Immigration Services (USCIS) by the United States citizen that wishes to bring their fiancée to reside in America.

Once the USCIS gives approval of the petition, they get in touch with the U.S. embassy within the home country of the fiancée. Beyond that, the individual wishing to come to the U.S. for marriage must apply for a K-1 visa and be married to their fiancée within 90 days of entering the country. The marriage must also be legal according to the state in which the union will take place.

Process After Petition Approval

If USCIS approves the petition, they will forward the petition to the appropriate consular office, allowing the following to take place:

  • The intending spouse of the U.S. citizen will have to present certain legal documents
  • They will be interviewed by a consular officer
  • If the consular officer is satisfied that the fiancé(e) meets the legal requirements to be granted the visa, the consulate will issue a K-1 visa

How Long Does It Take To Get a Fiancé Visa?

Preparation is key when you file for a fiancé visa and that can determine the amount of time it takes to process. Typically the process can take about 6 to 9 months, varying cases to case. It is important to have an immigration attorney from Sebastian Simon Law Group, PLLC to help you ensure that you file out forms with out error and ensure that your process goes smoothly.

How Soon After Entry Does the Couple have to get Married?

If the parties marry within 90 days of entry, the alien may apply for adjustment of status to become a lawful permanent resident. If the parties don't marry within 90 days of entry, the alien will lose his/her lawful status and may be placed in deportation proceedings. Unmarried children of a person with a K-1 visa may obtain a K-2 visa to enter the U.S.

Get Experienced Assistance With Your Visa Application

In these types of situations, it may seem that it is fairly simple to ascertain a visa for your potential spouse to join you. There are various stipulations and complications that can occur in regards to proving that the relationship is valid.

The U.S. Government agencies often provide tough questions and make the couple jump through certain hoops before it is all said and done. By having sound legal advice from someone at our Houston immigration firm, you can rest assured knowing that your situation is in good hands.

Get in touch with our legal team at Sebastian Simon Law Group, PLLC today for your first consultation with our firm!

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