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Fairfax, Virginia Fiancé Visas Lawyer

Attorney Helping U.S. Citizens Sponsor Fiancé(e)s for Immigration in Fairfax, VA

There are many cases where people from the United States may fall in love with people from other countries. They may then want to bring their partner to live with them in the U.S. so they can get married. This can be done through a K-1 visa, which is also known as a fiancé visa. However, the process of obtaining a K-1 visa can be challenging, and it will require multiple steps, strict deadlines, and comprehensive documentation.

The Estevez Group, PC in Fairfax, Virginia works to help couples successfully complete the visa application process, ensuring that they can reunite in the United States, get married, and obtain a Green Card. We make sure our clients comply with all U.S. immigration laws, and we work to provide them with peace of mind during this life-changing experience.

Requirements for Obtaining a K-1 Visa

To qualify for a K-1 visa, a couple must meet the following requirements:

  • Valid Relationship: The couple must demonstrate that they have a real relationship and plan to become legally married. This may be supported by evidence such as photos, correspondence, and affidavits from friends and family.
  • Eligibility to Marry: Both parties must be eligible for marriage in the state where their wedding will take place. It may be necessary to prove that any prior marriages have been terminated by providing a divorce decree, judgment of annulment, or death certificate.
  • Meeting in Person: In most cases, the couple must have met in person at least once within the past two years. It may be possible to receive a waiver of this requirement if cultural or religious practices have prevented a couple from having an in-person meeting.
  • Marriage Timeline: The couple must intend to become legally married within 90 days after the foreign fiance(e) arrives in the United States.

The Process of Applying for a K-1 Visa and Receiving a Green Card

Filing the Petition

The process begins when a citizen files Form I-129F with United States Citizenship and Immigration Services (USCIS). This petition establishes the couple's relationship and their intent to marry, and supporting evidence must be included with the petition. USCIS will review the petition and, if approved, forward it to the U.S. Department of State for further processing.

Applying for the Visa

After receiving approval on their petition, the couple must apply for the K-1 visa through the United States embassy or consulate in the country where the foreign fiancé(e) is currently located. As part of the application process supporting documentation will need to be provided, such as:

  • Passport valid for travel to the U.S.
  • Medical examination results
  • Evidence of the relationship
  • Police clearance certificates

Attending the Visa Interview

The fiancé(e) who will be entering the U.S. will attend an in-person interview at the embassy or consulate. They will be asked questions to determine whether the couple's relationship is authentic, and the interviewer will also assess whether the applicant meets the visa requirements. Preparing for this interview is critical, and The Estevez Group, PC can help clients understand what to expect and how to present their case effectively.

Arrival in the United States and Marriage

Once a K-1 visa has been granted, the fiancé(e) can travel to the U.S. The couple's marriage must be completed no more than 90 days after they arrive and are admitted into the country. Failure to finalize the marriage within this period will result in the expiration of the K-1 visa, which will require the non-U.S. citizen to leave the country.

Applying for a Green Card

After becoming legally married, the foreign spouse can apply to become a Lawful Permanent Resident of the United States and receive a Green Card. They will do so by submitting Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents such as:

  • Marriage certificate
  • Financial evidence from the U.S. citizen sponsor
  • Proof of lawful entry into the United States

The applicant may also need to attend a biometrics appointment and an interview with USCIS.

Removing Conditions on the Green Card

If the marriage is less than two years old at the time of Green Card approval, the foreign spouse's Green Card will be conditional, and it will expire after two years. To obtain permanent authorization to continue living in the United States, the couple will file Form I-751 no more than 90 days before the conditional Green Card expires. This step requires proving that they have a genuine relationship.

Why Choose The Estevez Group, PC for Your Immigration Needs?

Navigating the fiancé visa process can be complex, but with the assistance of The Estevez Group, PC, clients in Fairfax, Virginia, can feel confident that their applications and supporting documentation will be handled correctly. We help our clients identify potential challenges and resolve them quickly and effectively. By staying updated on changes in immigration laws and policies, we ensure that our clients have the best chance of success in their cases.

Contact Our Fairfax K-1 Visa Attorney

If you need assistance with the K-1 visa process or related immigration matters, contact The Estevez Group, PC in Fairfax, Virginia today. We are here to provide the guidance and support you need to begin your life together. Call 703-829-5179 24/7 to arrange a free consultation.

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