Beaverton Fiance Visas
We Help Clients Navigate the Fiancé Visa Application Process in Beaverton, OR
At Vanderwall Immigration, our Beaverton fiancé visa lawyers are committed to uniting families. It is our fundamental mission to provide the highest level of personalized representation to our clients. A lot of things can go wrong during the K-1 visa application process. Our firm is here to help you through each and every step of the immigration process. Have any questions or concerns about a fiancé visa or a spousal visa? We are here to help. Contact us at our Beaverton law office today for a strictly confidential, no-obligation consultation with an experienced Oregon immigration attorney.
Understanding Fiancé Visas: The Basics of K-1s
A fiancé visa—which is officially referred to as the K-1 visa in the United States—is a nonimmigrant visa that allows individuals engaged to a citizen of the host country to enter and get married within a specific period. The K-1 visa process typically requires the couple to prove their relationship is genuine and they intend to marry. Upon marriage, the foreign fiancé(e) can apply for adjustment of status to become a permanent resident.
Know the Legal Requirements for a Fiancé Visa (K-1 Visa)
Preparing to apply for a K-1 visa in Oregon? It is imperative that you and your future spouse have a full and comprehensive understanding of the requirements. By satisfying the legal standards, you and your partner will be in the best position to proceed with the application process. Here are some of the most notable requirements that you must meet when applying for a fiancé visa:
- Petitioner’s Citizenship: The U.S. citizen must file Form I-129F, Petition for Alien Fiancé(e) with United States Citizenship and Immigration Services (USCIS).
- Intention to Marry: Both parties must provide evidence of their intent to marry within 90 days of the foreign fiancé(e) entering the United States.
- Bona Fide Relationship: As part of the K-1 visa application process, you will be required to prove to immigration authorities that your marital relationship is legitimate.
- Meeting in Person: Generally, the couple must have met in person at least once within two years prior to filing the petition. There are limited exceptions based on cultural customs or extreme hardship.
- Financial Stability: The U.S. citizen must meet minimum income requirements to ensure they can support the foreign fiancé(e).
- Clearance of Background Checks: Before the U.S. government will issue a K-1 visa, the applicant must clear a background check.
The Most Common Reasons Why K-1 Visa Applications are Rejected in Oregon
A K-1 visa is actually considered to be one of the most straightforward paths to the United States. There is no overriding federal law in place that limits the number of K-1 visas that can be issued each year. You will not have to enter a lottery or “wait in line” to be eligible to apply for a K-1 visa. That being said, a K-1 visa application approval is by no means automatic. U.S. immigration officials will carefully and thoroughly scrutinize your application. Some of the most common reasons why K-1 visa applications are denied in Beaverton, OR include:
- Missing, Inaccurate, or Otherwise Flawed Documentation: A primary trigger for rejection is the failure to present thorough and accurate documentation. USCIS demands ample proof to verify the legitimate nature of the relationship and the eligibility of the involved parties. Couples must provide evidence of an in-person meeting within the preceding two years, genuine marital intent, and legal capability for marriage. The submission of incomplete, contradictory, or otherwise problematic documentation could lead to a delay or denial of a K-1 visa application.
- Criminal Record or Prior Immigration Problems: The legitimacy of the intended marriage might not be sufficient for approval. A foreign fiancé may be refused entry into the United States based on accusations of a criminal background or previous immigration contraventions, including crimes of moral turpitude, numerous criminal verdicts, past immigration deceit, or visa expiration. Sometimes, acquiring a waiver might mitigate specific issues. Speak to a Beaverton, OR K-1 visa attorney for help with this type of case.
- Lack of Adequate Financial Support: The U.S. citizen sponsor needs to demonstrate clear financial support for their foreign fiancé. In general, proof of income or assets that are equal to or greater than 125 percent of the federal poverty guidelines adjusted for household size is required as a baseline minimum. If the sponsor falls short, they may be able to get another person—such as their parent―to act as a joint financial sponsor.
- Marital Fraud (Suspected Sham Marriage): It is important to emphasize that the USCIS vigilantly screens for marriage fraud. The authenticity of the relationship is an absolute and unquestioned requisite for K-1 visa approval. Any deceit or otherwise fraudulent conduct in the application can result in the outright denial of a K-1 visa application.
A K-1 Visa Provides a Path to United States Citizenship
One of the most important advantages of a K-1 Visa is that it offers a clear, structured pathway to United States citizenship for foreign nationals engaged to U.S. citizens. By obtaining a K-1 Visa, the foreign fiancé(e) can legally enter the U.S. to marry their U.S. citizen partner within 90 days. Following the marriage, the foreign spouse can apply for adjustment of status to become a permanent resident (Green Card holder), which is a significant step towards eventually becoming an American citizen. If you have questions, our Beaverton immigration lawyer can help.
Fiancé Visas in Beaverton: Frequently Asked Questions (FAQs)
How Long Does the K-1 Fiancé Visa Process Take?
It depends on several different case-specific factors, including things like the country of the foreign fiancé(e), the volume of applications, and the processing speed of the USCIS and the U.S. Embassy or Consulate involved. Though, it is relatively typical for the process to take between 6 to 9 months from the filing of the petition to the issuance of the visa.
Can I Work in the U.S. on a K-1 Fiancé Visa?
Yes—or at least once you have the proper immigration paperwork in place. A K-1 visa holder can apply for employment authorization by filing Form I-765, Application for Employment Authorization. Though, the timeline it takes to get this document can vary. In other words, you will need to await a work permit before you can take a job.
Can I Bring My Children on a K-1 Fiancé Visa?
Yes, it is possible to bring children to the U.S. on a K-1 visa. Under immigration rules, the children of the foreign fiancé(e) who are under 21 and unmarried can accompany them to the U.S. on a K-2 visa. The U.S. citizen petitioner must include the names of the children in the I-129F petition.
How the Fiancé Visa Lawyers at Vanderwall Immigration Can Help
For many reasons, applying for and obtaining a fiancé visa can be challenging. You and your future spouse do not have to navigate through the complexities of the immigration process alone. At Vanderwall Immigration, we have specialized legal expertise that you can rely on. When you contact us at the Beaverton office, you will work with an Oregon immigration lawyer who can:
- Hear your story and answer your fiancé visa questions.
- Help you gather and prepare all of the supporting documentation.
- Handle the K-1 visa immigration paperwork.
- Develop a personalized strategy to help you secure the best outcome.
Contact Our Beaverton, OR Fiancé Visa Attorneys for a Confidential Consultation
At Vanderwall Immigration, our Beaverton fiancé visa lawyers are compassionate, experienced, and solutions-oriented advocates for our clients. You do not have to navigate a K-1 visa application alone. If you have any specific questions about a fiancé visa, we are available to help. Call us now or connect with us online to set up your strictly confidential, no-commitment case review. Our firm provides immigration law representation in Beaverton, Washington County, and all across Oregon.