Tampa Fiancé Visa Lawyer
If your future spouse is a foreign national, you likely have concerns about how you can bring your fiancé to the United States. At Little Law, P.A., we help couples navigate the complex U.S. immigration system and establish themselves legally in the country so that they can start building their future together. As you plan your wedding, it’s important to consult with an experienced Tampa, Florida, fiancé visa lawyer. We can help you understand your legal options, prepare your case and ease some of the pressure you’re facing. Contact us to speak to our immigration attorneys today.
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Understanding the K1 Fiancé Visa
If you are a U.S. citizen, you can apply to have your fiancé come to the United States on an expedited visa and marry them here. These are called K-1 visas. A K-1 visa allows a foreign national (your fiancé) to enter the United States legally for a period of 90 days.
Those who are already in the U.S. on temporary work or student visas need not apply for a K-1 visa. It is typically set aside only for those who do not reside in the U.S. In other words, those who live outside the U.S. and wish to enter for the purpose of marrying their fiancé must have a K-1 visa in order to do so.
Eligibility Requirements for a K1 Visa
You will need a K-1 visa if:
- You plan on living in the U.S. with your fiancé after your marriage
- Your fiancé is a foreign national with no green card
- You are planning on getting married inside the United States
If your fiancé does not need a K-1 visa, they may still need to apply for permanent resident status following your wedding. This is a completely separate process, which an experienced immigration lawyer can help you with.
Key Qualifications for the Fiancé Visa
Those who are petitioning the U.S. immigration courts must be able to prove the following. You:
- Are a U.S. citizen
- Plan on marrying within the next 90 days
- Have physically met your fiancé within the past two years
- Are both legally allowed to marry in the United States
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After being denied a visitor visa. I spoke to her concerning what I should do to obtain one. She was very professional and well-informed. She understood what I needed and gave me the necessary information which allowed me to get my visa when I reapplied
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What Is The Process Of Applying For A K-1 Visa?
To apply for a K-1 visa, you will need to fill out and file Form I-129(F) – Petition for Alien Fiancé. You’ll also need to be able to prove that the individual you are bringing over from abroad is, indeed, your fiancé. There must be some evidence for this claim.
When you meet with your fiancé visa lawyer, you will receive a list of required documents, including a copy of your birth certificate or passport and documents related to your upcoming wedding. The more information you have, the better.
Within approximately six to eight months of the application, you will receive a decision from the immigration authorities. Afterward an approval, they will set up your fiancé with an interview at the consulate. The entire process takes about a year.
The K-1 visa is only valid for 90 days. It is assumed that the individual will get married and apply for a green card within that period of time. This will afford them lawful permanent resident status and allow them to spend the rest of their lives in the United States.
What Is A K-2 Visa?
If your fiancé has children, they are also allowed to come to the U.S. on a K-2 derivative visa. In this case, there are specific requirements that the children must meet. These are as follows:
- They are legally recognized as the K-1 visa holder’s children.
- They are unmarried or under the age of 21.
There are some cases where a K-2 visa is denied to a child who is between the ages of 18 and 21. In these cases, as long as you can show they meet the requirements outlined above, the petition will eventually be granted. For those with children who are nearly 21, it’s important to act quickly. The child must be under 21 until the day that they enter the United States.
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