Florida K-1, K-2, K-3, K-4 Visa Attorney 

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Fiancés of U.S. Citizens, K-1 Visas

The K-1 visa is for persons coming to the United States to marry American citizens — fiancés — and reside here. A person who is already married to a U.S. citizen may apply for permanent residence through marriage, but may not apply for a fiancé (e) visa. Contact our experienced Hollywood and Florida K-1 visa attorney for information and assistance.

To establish eligibility for K-1 visa classification for an alien fiancé (e), an American citizen must file a petition, with the USCIS abroad. Eventually, the approved petition will be forwarded by the USCIS to the American consular office where the alien fiancé will apply for his or her visa.

Upon receipt of an approved petition, the American consular officer will notify the beneficiary and give him or her the necessary forms and instructions to apply for a “K” visa. Since a fiancé (e) visa applicant is an intending immigrant, he or she must meet most of the same documentary requirements of an immigrant visa applicant. In addition to the prescribed application forms, the following documents are normally required:

Both the U.S. citizen and the beneficiary must be legally able and willing to conclude a valid marriage in the United States. The petitioner and beneficiary must have previously met in person within the past two years unless the Attorney General waives that requirement. As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the fiancé (e). If found eligible, a visa will be issued, valid for one entry during a period of six months.

At the port of entry, the alien fiancé (e) will receive a stamp in his or her passport giving temporary permission to work pending marriage to the U.S. citizen. The marriage must take place within 90 days of admission into the United States. Following the marriage, the alien spouse must immediately apply to the USCIS for conditional, two-year green card. Before the end of the two years, within the last 90 days, the arriving spouse must apply to USCIS for the permanent green card.

The unmarried, minor children of a K-1 beneficiary derive “K-2″ nonimmigrant visa status from the parent so long as the children are named in the petition. A separate petition is not required if the children accompany or follow the alien fiancé (e) within one year from the date of issuance of the K-1 visa. Thereafter, a separate immigrant visa petition is required.

K-3, K-4 Visas, For Spouses, Minor Children

U.S. Immigration law allows the alien spouse of a U.S. citizen and his or her minor children to be admitted to the United States as non-immigrants while they are awaiting the adjudication of a Form I-130 Petition for Alien Relative. It also allows them to obtain employment authorization while they are waiting.

To be eligible for a K-3 non-immigrant visa, an individual must: Be married to a U.S. citizen, Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf. A child may be eligible for a K-4 visa if: He or she is unmarried, under 21, and the child of a qualified K-3 non-immigrant visa applicant

To obtain a K-3 non-immigrant visa for your spouse, you (the U.S. citizen petitioner) must file two petitions with USCIS on his or her behalf, Form I-130 and then Form I-129F, Petition for Alien Fiancé (e): Next, file Form I-129F on behalf of your foreign citizen spouse.

If approved, USCIS will forward the I-129F to the U.S. Department of State for consular processing.

Then the non-citizen spouse and any minor children (K-4) will then need to apply to the U.S. Department of State for the K-3 or K-4 non-immigrant visa.

The benefits of the K-3/K-4 visa include:

Once admitted to the United States, K-3 non-immigrants may apply to adjust status to a permanent resident at any time. Upon admission to the United States, K-4 non-immigrants may file an application for adjustment of status concurrently with or at any time after a Form I-130 has been filed on his or her behalf by the U.S. citizen petitioner.

Upon admission, K-3 and K-4 non-immigrant visa holders may obtain employment authorization.  They can obtain evidence of eligibility to work legally in the United States by filing Form I-765, Application for Employment Authorization. Upon filing an application for adjustment of status, K-3 and K-4 non-immigrant visa holders may also apply for employment authorization based on that pending application even if the K-3 or K-4 non-immigrant status expires.

The Department of Homeland Security only admits K-3 or K-4 nonimmigrant visas holders for a 2-year period. K-3 or K-4 non-immigrant visa holders may apply to USCIS for an extension of status in 2-year increments as long as the marriage-based I-130 visa petition or a corresponding application for adjustment of status or visa application is still pending adjudication. Contact our Hollywood, FL K-1 visa attorney today for assistance.

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