Guidance On The Many Intricacies Of Fiancé Visas
Are you hoping to come to the United States and marry your fiancé? Are you a U.S. citizen or a green card holder skiing to bring your fiancé to the U.S.?
Immigration lawyer Ramon Irizarry at Empire Immigration Law, PLLC in Buffalo, New York, can help you do this legally. He has more than a decade of experience helping people come to the U.S. through marriage and other family-based means. Please call 888-606-3005 right away to get some of your burning questions answered as soon as possible during a free consultation. This process is not immediate, but the sooner you get in touch, the sooner you can be in the States with your loved one building your life together.
What Are Fiancé Visas?
A K-1 fiancé visa is going to be right for you if you do not live in the United States but are engaged to and plan to marry a United States citizen and want to come and live with them. You will be able to get married to your fiancé when they act as your U.S. citizen sponsor. The marriage has to happen within 90 days of you being in the United States. If you wish to bring your fiancé into this country, and you are a United States citizen, Mr. Irizarry can help you fast-track this visa to get you the results you need.
The Subtypes Of Fiancé Visas
There are four types of visas in the K category:
- K-1 is for the fiancé coming to the U.S. to get a green card through marriage
- K-2 is for the children of that fiancé also looking to immigrate to the U.S.
- K-3 is for people already married to a U.S. citizen
- K-4 is for people who are under the age of 21, who are unmarried and are the children of a K-3 visa holder
There are other types of visas that you could use if you are a spouse of a US citizen or a child of someone who entered the United States on a special visa. You could use an F1 or F2, depending on your situation. F1 visas are for students to enter the United States, while F2 visas are for the spouses and children of people who are in an academic program in the United States.
There are a variety of different types of visas for many different family situations. Whether you are married to or would like to be married to a U.S. citizen, or you are the child of a U.S. citizen, attorney Irizarry can help you figure out which visa is the best option for you.
The K-1 Visa Application Process
Before you start the process of applying for a K-1 fiancé visa, the person living in the United States has to be able to meet certain requirements in order for them to file. The first, obviously, is that they have to be a citizen of the United States. You and your fiancé(e) must have met within the past two years and you have to have proof of your meeting. If there was an extreme circumstance or hardship, the requirement can be waived. It can also be waived due to religious reasons. You also have to be clear and free to marry them legally at the time the petition is filed and continue to be eligible. Basically, this means that you need to be unmarried or have legally terminated any other marriages and have the documentation to show the proof of that.
Furthermore, you both need to show that there is a serious intention to get married to each other within 90 days of the foreign fiancé coming to the United States. And lastly, you have to submit an affidavit of support if you are a U.S. citizen to show that you can support your fiancé financially. Sometimes, that will require a co-sponsor if you don’t meet the income requirements.
Step one of getting a fiancé visa is filing the petition for a foreign fiancé by a citizen of the United States. The citizen of the United States is going to be known as the petitioner. The petition gets filed with the United States citizen and immigration services and it has to be sent to the right service center based on where you live in the country. This petition is known as the petition for alien fiancé, or form I-129F. You cannot file that form from abroad, and it is only valid for four months after the USCIS has given it approval. If you need an extension for any reason, the U.S. consular office may be able to grant to you one.
Immediately after you are granted asylum, you can begin the application process for any family members who would also like to seek asylum. The form that you need to be worried about is called I-730. Unfortunately, there are limits to this application process. The timeline is legally bound; there are also limits to which type of family member you can sponsor when seeking asylum. Generally speaking, you have two years from when you were granted asylum to file this form, but a lot of people absolutely need to file their case sooner. Mr. Irizarry can look over your forms to make sure that everything is filed properly.
It is also important to note that when you file for asylum as an individual, it needs to be done within a year of your last entry into this country. It’s up to you to be able to prove that to be true. Your application process will ask for evidence. There are some exceptions but, generally speaking, you need to abide by this one-year limit. Attorney Irizarry will help you determine if you have an extreme circumstance.
Can I Get A Work Permit?
If this is your first time applying for asylum, and it is granted to you, then you absolutely can apply for a work permit in the United States. If you’ve been denied asylum before, then you cannot apply for a work permit in the United States. You can try to get a work permit 150 days after the USCIS received your application for asylum. For you to actually be granted the work permit, you have to wait 180 days.
If there are issues in the application process such as you arriving at your interview at the asylum office without your interpreter, then the days counted will be stopped. When you are working with an asylum lawyer who knows what they are doing, you are going to avoid this type of event that would prevent you from getting a work permit. Mr. Irizarry understands how urgent this matter is and won’t make mistakes that prevent you from being able to provide for yourself.
Can I Get A Green Card?
You absolutely can try to get a green card (become a lawful permanent resident) after you have been granted asylum. You will have to wait one year after being granted asylum either by an immigration judge or the asylum office. The applications for green cards can be tricky to accomplish, and even the smallest of errors could mean that your case is denied. Mr. Irizarry can work with you to ensure that you submit a strong application.
After getting a green card, you may also eventually be eligible to become a U.S. citizen. Mr. Irizarry can help you with that process too.