Pleasanton Fiancé(e) Visa Attorney
Under U.S. immigration laws, you can sponsor your foreign-born fiancé(e) for a visa allowing them to come to the U.S. for marriage.
Obtaining a fiancé(e) visa for a foreign partner requires careful planning, adherence to eligibility requirements, and timely submission of accurate documentation. Understanding the laws, application process, and available visa options is crucial. We recommend you seek assistance from our experienced immigration attorney at Dana Michael Ritter, who can guide you through the complexities, increasing your chances of a successful result.
Understanding The Fiancé(e) Visa for U.S. Citizens
The primary law that governs fiancé(e) visas for U.S. citizens is the Immigration and Nationality Act (INA), specifically Section 214(d), which allows U.S. citizens to bring their foreign fiancé(e)s to the United States for marriage. The visa in these situations is a K-1 visa.
Eligibility requirements for a fiancé(e) visa include:
- U.S. Citizenship: The petitioner must be a U.S. citizen.
- Intention to Marry: Both the petitioner and the foreign fiancé(e) must intend to marry within 90 days of the fiancé(e) entering the United States.
- Previous Meeting: The petitioner and the fiancé(e) must have met in person at least once within the two years preceding the petition filing unless the meeting would violate long-established customs or create extreme hardship.
- Legal Capacity: Both parties must be legally free to marry, and any previous marriages must have been legally terminated.
The children of K-1 visa holders can also apply for visas. They are eligible for K-2 visas, which allow them to accompany their parent to the United States. The K-2 visa enables families to stay together during the immigration process.
Like the K-1 visa application process, the children must provide the necessary documents and attend an interview at the U.S. embassy or consulate in their home country. K-2 visas are only available to the children of the K-1 visa applicant and cannot be obtained independently.
The Fiancé(e) Visa Application Process:
Obtaining a fiancé(e) visa involves several steps, including submitting specific documents and forms.
The U.S. citizen petitioner must file Form I-129F, Petition for Alien Fiancé(e), with the U.S. Citizenship and Immigration Services (USCIS). This form demonstrates the petitioner's eligibility and establishes the basis for the fiancé(e) visa application.
Once the petition is approved, the USCIS will forward it to the National Visa Center (NVC) for further processing. The NVC will assign a case number and send the necessary forms and instructions to the petitioner and the fiancé(e).
The petitioner and the fiancé(e) must gather the required documents, including birth certificates, passports, police certificates, medical examination reports, evidence of meeting in person, and proof of financial support.
The fiancé(e) will attend an interview at the U.S. embassy or consulate in their home country. They must provide all necessary documents, undergo a medical examination, and answer questions regarding their relationship and intention to marry.
If the visa is approved, the fiancé(e) will receive the K-1 visa, allowing them to travel to the United States. It is important to note that the K-1 visa is generally valid for six months.
K-3 & K-4 Visas for Spouses & Unmarried Children
Under the Legal Immigration Family Equity Act (LIFE Act) and its amendments, the K visa allows a U.S. citizen's spouse and unmarried children (below the age of 21 years) to enter, live and work in the U.S. as nonimmigrants until they receive lawful permanent resident status. The spouse is given a K-3 visa, and the children are given K-4 visas.
You can receive a K-3 (spouse) visa if:
- You have married a U.S. citizen.
- Your U.S. citizen spouse has filed Form I-130 (Petition for Alien Relative) with USCIS for you.
- You want to enter the U.S. to wait for the approval of the petition to become a lawful permanent resident.
- You have forwarded an approved Form I-129F (Petition for Alien Fiancé) to the U.S. Consulate (which issues immigrant visas) where you were married. If you were married in the U.S., the approved petition must be forwarded to a consulate with jurisdiction over the area where you reside.
You can receive a K-4 (child) visa if you are unmarried and under the age of 21 and are the child of a foreign national eligible for a K-3 visa.
The advantages of K-3 and K-4 non-immigrant visas include being allowed to work in the U.S. while waiting for your permanent resident status. To do this, you must have a work permit by applying through Form I-765 (Application for Employment Authorization). Your valid K-3/K-4 non-immigrant visa also allows you to travel outside and return to the U.S., even if you are still waiting for your permanent resident status.
You will not need to apply for a work permit after you have become a lawful permanent resident because you will receive a green card which allows you to live and work in the U.S. permanently.
V Visas for Lawful Permanent Resident Family Members
Under the Legal Immigration Family Equity Act (LIFE Act) and its amendments, a V visa allows the spouse and unmarried children (below the age of 21 years) of a lawful permanent resident to enter, live, and work in the U.S. as nonimmigrants until they receive lawful Permanent resident (LPR) status. The spouse is given a V-1 visa, and the children are given V-2 or V-3 visas.
You can receive a V-1 (spouse) visa if:
- You have married an LPR of the U.S.
- Your LPR spouse has filed Form I-130 (Petition for Alien Relative) with USCIS on your behalf on or before December 21, 2000, and you are the principal beneficiary of the petition.
- You have been waiting for approval of the lawful permanent resident status petition for at least three years.
You can receive a V-2 (child) visa if:
- You are unmarried and under the age of 21 years.
- You are the child of an LPR of the U.S.
- Your LPR parent has filed Form I-130 (Petition for Alien Relative) with USCIS for you on or before December 21, 2000, and you are the principal beneficiary of the petition.
You can receive a V-3 (child) visa if:
- You are unmarried and under the age of 21 years.
- You are the derivative child of a foreign national who is eligible for a V-1 visa.
Put a Proven Immigration Attorney on Your Side
The immigration process can be complex, stressful, and confusing. It requires precision paperwork, documentation, and compliance with the laws and regulations.
Your chances of approval from the USCIS will be significantly improved with the professional assistance you receive from the law firm of Dana Michael Ritter. Our services are backed by decades of experience and thousands of successfully resolved cases for clients in the U.S. and worldwide.