Welcome to Vanderwall Immigration – Your Trusted Salem-Based Immigration Law Firm

Love knows no borders, and at Vanderwall Immigration, we believe in uniting families. We specialize in immigration law, with a primary focus on helping individuals navigate the complex world of immigration and obtain the necessary legal documentation. Based out of Salem, Oregon, our team is dedicated to providing top-notch services to clients seeking immigration solutions.

Bringing Love Across Borders

Are you planning to marry your foreign national partner and bring them to the United States? The U.S. government offers a solution – the K-1 fiancé(e) visa. As a U.S. citizen, you can request a K-1 visa for your fiancé or fiancée, enabling them to join you in the U.S. The process can take a lot longer than 90 days to get the k1

Contact Vanderwall Immigration for Expert Guidance on K-1 Visas

If you are interested in obtaining a K-1 visa, we invite you to reach out to Vanderwall Immigration. Our knowledgeable team is ready to answer your questions and assist you in compiling the necessary paperwork. We understand the complexities of the immigration process and can provide the expertise needed to streamline your journey.

The Basics of a K-1 Visa: Helping Love Blossom

A K-1 visa is a non-immigrant visa that allows a U.S. citizen to bring their foreign national fiancé(e) to the United States for the purpose of marriage. This visa is exclusively available to U.S. citizens and cannot be utilized by legal permanent residents. Once married, the foreign national spouse can seek a green card by adjusting their immigration status. It’s important to note that the K-1 visa is open to both same-sex and opposite-sex couples. Should you have any inquiries regarding this visa category, consult our dedicated Salem fiancé(e) visa lawyer.

Requirements for a K-1 Visa: Ensuring Eligibility

To apply for a K-1 visa, you must meet the following requirements:

  • You are a U.S. citizen.
  • You intend to marry your fiancé(e) within 90 days of their arrival in the United States.
  • You are legally free to marry, with all previous marriages having ended in divorce, annulment, or death.
  • You have met your fiancé(e) in person within the last two years, unless it violates their customs or social practice or would have been extremely difficult to meet.

Here is a step-by-step overview of the K-1 visa application process:

  1. The U.S. citizen files Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS).
  2. USCIS reviews the petition and may request additional information or supporting documentation.
  3. USCIS issues an approval or denial. If approved, the application is forwarded to the Department of State National Visa Center (NVC). The NVC collects additional biographic and financial evidence from you.
  4. The NVC transfers the application to the consulate or embassy where your fiancé(e) will apply for their K-1 visa.
  5. The embassy/consulate notifies your fiancé(e) when a visa becomes available and schedules an interview.
  6. Your fiancé(e) gathers all requested documents and information for the interview.
  7. The consular officer assesses your fiancé(e)’s eligibility for the visa and approves or denies the visa.
  8. If approved, your fiancé(e) can travel to the U.S. and present the visa to Border Patrol at a port of entry. Please note that the visa does not guarantee entry; it is at the discretion of the CBP officer to admit your fiancé(e).
  9. Once admitted, you must legally marry within 90 days.

Although the process may appear straightforward, many individuals encounter challenges in securing approval. Let Vanderwall Immigration simplify the process for you.

Common Questions about the K-1 Visa

How long does it take to obtain the visa?

Typically, the processing time can take up to 24 months, this varies a lot throughout the years, subject to potential delays. USCIS might request additional documentation if they suspect a fraudulent relationship.

What if my visa application is denied?

If you receive a denial, it is essential to seek guidance from a Salem fiancé visa lawyer at Vanderwall Immigration. We can review the reasons for the denial and help determine the appropriate next steps.

How long is the visa valid?

The K-1 visa is valid for 6 months and allows for a single entry into the U.S. After entry, you must marry your fiancé(e) within 90 days.

What happens if we don’t marry within 90 days?

In such cases, your fiancé(e) must leave the country. It’s crucial to remember that the K-1 visa is a nonimmigrant visa, and overstaying its validity can lead to unlawful presence, which may complicate future immigration processes.

Can we enter the U.S. on a tourist visa and marry?

Using a tourist visa to enter the U.S. with the intent to marry is not advisable. It could pose difficulties in obtaining legal permanent residency or U.S. citizenship later on. The K-1 visa is specifically designed for couples planning to marry while in the United States.

Can my fiancé’s children come to the U.S. as well?

Yes, in certain circumstances, your fiancé’s children can come to the U.S. on a K-2 visa. Include their names on your I-129F petition. To be eligible, the children must be unmarried and under 21 years old. Once they arrive and after your marriage, they can adjust their immigration status and apply for a green card.

Can we get married in my fiancé’s country?

Yes, that is an option. However, you would need to apply for a Spousal Visa. Vanderwall Immigration has much experience with Spousal Visas as well. Vanderwall Immigration can assist you with that process as well.

Can we honeymoon outside the U.S. after marriage?

Until they obtain a travel permit or their green card. This can take several months. Plan your honeymoon within the U.S. or consider delaying trips until later stages of the immigration process.

Adjusting Status with a K-1 Fiancé Visa: The Next Step

Once admitted into the U.S. and married, your fiancé (now spouse) can begin the process of adjusting their immigration status. This involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. Upon review, your spouse will receive conditional permanent resident status and a green card valid for two years. To remove the conditions on their residence, they can file Form I-751, Petition to Remove Conditions on Residence. Both you and your spouse will be interviewed as part of this process.

Obtaining a Work Permit for Your Fiancé(e)

A foreign national admitted on a K-1 nonimmigrant visa can apply for employment authorization immediately. By submitting Form I-765, Application for Employment Authorization, your spouse can acquire a work permit valid for 90 days after admission. Your spouse can also apply for a work permit as part of the green card application process. They can also request extensions in one-year increments. Our experienced lawyers will provide detailed guidance on work authorization, an important consideration for many clients.

How Vanderwall Immigration Can Assist You

At Vanderwall Immigration, we understand the significance of completing all required steps accurately and efficiently. Our dedicated team can provide comprehensive assistance with the following:

  • Evaluating whether the K-1 visa is the appropriate choice for your situation.
  • Assessing the eligibility of your fiancé’s children for a K-2 visa.
  • Assisting with the preparation and submission of paperwork, ensuring accuracy and completeness.
  • Guiding your fiancé(e) through the consular interview process, preparing them for potential questions.
  • Aiding in adjusting status, removing conditions, and applying for work authorization once your spouse is in the U.S.
  • Addressing any questions or concerns you have regarding the K-1 visa or adjustment of status.
  • Providing support in responding to allegations of marital or visa fraud.

Contact Our Salem Fiancé Visa Lawyer for a Consultation

USCIS treats marriage fraud seriously, underscoring the importance of working with an experienced immigration lawyer when seeking a K-1 visa. At Vanderwall Immigration, we possess extensive expertise across various immigration categories, including fiancé(e) visas. If you have questions or are eager to initiate the petition process, please call us today. We offer confidential consultations to those in need.