General Q&A on K-1 Fiance Visas
What documents are typically required for a Family-based Immigration petition?
Yes, it is important to speak with an attorney to determine if you are eligible to file a fiancé petition. The U.S. government requires that U.S. citizens earn a minimum income, if they want to bring their fiancé to the U.S. The minimum income depends on a variety of factors, so it is best to speak to an immigration attorney to discuss your specific income requirement. This way, you do not waste money for the government filing fees, if you are not eligible.
My fiancé has children. Can I bring them over too?
If your fiancé has children, he or she can bring them to the United States on a K-2 visa (for minor dependents).
My petition for a K-1 Fiancé petition was denied. What can I do?
What you should do depends on the reasons why your K-1 fiancé petition was denied. You should speak to an experienced immigration attorney to determine the reasons for the denial and what your options are.
Who is eligible to apply to remove the conditions on permanent residence based on marriage?
After your fiancé arrives in the United States, you must get married within 90-days. After you get married, you will have to file an immigrant petition and an adjustment of status application in order for your fiancé to live permanently in the U.S. Since you have been married for less than two years, your fiancé will be issued a conditional (temporary) Green Card. Ninety (90) days before the conditional Green Card expires, he or she will have to file a petition to remove conditions of her permanent residence.
What if I am late in applying to remove the conditions on residence before my 2-year conditional Green Card expired?
If you are late, you must provide the government with good cause on why you were unable to timely file the petition. If you could not provide a good cause or if the government rejects your reasoning, your U.S. citizen spouse will have to re-file the immigrant petition and the adjustment of status application for you. You will have to repay the government all of the government filing fees and apply to become a conditional Green Card holder again.
Will my fiancé be able to get a work permit?
Once your fiancé enters the United States, he or she will not be able to obtain a work permit immediately. Instead, he or she can apply for a temporary work permit (also known as an Employment Authorization Document) when you submit an immigrant petition and an adjustment of status application for him or her.
What conditions will generally delay the approval process for a K-1 Fiancé visa?
There are three different government agencies that assist with the fiancé petition and processing. This means that failing to effectively communicate with all three agencies will delay the approval process. Obtaining services from an experienced immigration attorney will ensure that the process is smooth and without unnecessary delay.
How can you help your clients obtain a Fiancé visa and avoid the pitfalls that hold up the process?
Our office has successfully helped clients procure fiancé petitions in the past. Our experience will help ensure that you are reunited with your fiancé without unnecessary delays. While you focus on your wedding plans, allow us the pleasure of assisting you with the legal process.
For more information on money needed for a K-1 Fiancé visa, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today.
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