Everyone desires to stay with the love of their life. But, will the process go as smoothly as you had imagined if your fiancé/fiancée is from another country? An uncomfortable hindrance can creep in the way of your happy living to mar all the happiness.
Many questions will bubble around you- how long will the visa process take, what visa our partner needs to apply for and the list goes on. It all can be monumentally confusing. But, fret not. Attorney Margo Chernysheva discussing the K1 visa process will come in handy to solve all your doubts.
Getting the right visa for your fiancé/fiancée:
When you have a foreign fiancé/fiancée, you need to apply for the K1 visa. Now, what is that? If you pay attention to Attorney Margo Chernysheva discussing the K1 visa process, it will be apparent that the K1 visa is a nonimmigrant visa for a foreign-citizen fiancé/fiancée of a US citizen.
- It allows foreign citizens
fiancé/fiancée to
freely travel to the US and marry their partner within 90 days of arrival. - The foreign citizen then can apply for permanent
residency with the U.S. Citizenship and Immigration Services (USCIS) and the
Department of Homeland Security (DHS). - The children of K-1 visa applicants are eligible
to receive K-2 visas.
Here, you must note that your foreign citizen partner must comply with a few immigrant visa requirements.
The eligibility requirements to obtain the K1 visa:
A lot of times, people indulge in marriage fraud to get a license to enter the United States. Attorney Margo Chernysheva, discussing the K1 visa process, states that if at any point the authority suspects or even gets the slightest hint of fraudulence, the whole process will be nullified. It is better to be honest and strictly follow the eligibility criteria. Read along to know what these are:
- The primary requirement is that both you and your
partner must be single and eligible to marry under US law. - The national petitioner must be a US citizen.
U.S. green card holders are not eligible for fiancé visas. - The relationship must be authentic, and you two
must have met in person within the last two years. - The American partner must meet specific income requirements when applying for the visa- earning at
least 100% of the federal poverty guidelines. - The foreign partner must earn 125% of the federal
poverty guidelines while applying for their green card. - A previously married partner must furnish divorce
or death certificates of their former spouse.
Know the difference:
A prevalent issue pointed out by Attorney Margo Chernysheva discussing the K1 visa process is the confusion between a K1 fiancé visa and a marriage green card. Though a slim line sets them apart, but more commonly interchanges with each other. Do not get confused and have your ideas clear.
The K1 visa allows you to marry in the US itself, while the other one lets you marry outside the country, and the US citizen holding partner can sponsor the foreign spouse for a green card through the I-130 petition. Many factors go behind choosing the right option. It is best to have an experienced attorney by your side to help you decide the best-suited option for you and your partner.
When your fiancé/fiancée has children:
It is but natural to have the children of your partner come over with their parents. In that case, Attorney Margo Chernysheva, discussing the K1 visa process,states that the children automatically get approved for the K2 visa based on the petition filed by the US partner.
- Separate visa applications are to be submitted for
each K-2 visa applicant. - After the wedding, the children will have to file
separately for adjustment of status. Children’s names cannot be included in the application for adjustment of quality of your fiancé/fiancée. - The children must be unmarried at the time of
applying for the adjustment of status. - The children may or may not travel with your fiancé/fiancée. But, they must travel within the
validity of the visa.
An important step to fulfill:
Attorney Margo Chernysheva discussing the K1 visa processclarifies that the fiancé/fiancée, regardless of their age, must go through a complete medical examination by an authorized panel of physicians before the visa interview. The US Embassy or Consulate will provide you with the information on the authorized panel physicians.
Consult an immigration lawyer for a hassle-free experience. If all the instructions are followed precisely, you and your fiancé/fiancée can start your new life in the US states without any trouble.