K-1 Fiancé(e) Visa Immigration Attorney in New York City and Queens
Bringing families together is one of the great joys of being an immigration attorney. In New York City, Orbach-Rosenberg Law helps U.S. citizens and lawful permanent residents (Green Card holders) start a new family by bringing their fiancé(e) to America to be married under a K-1 non-immigrant visa. With an adjustment of status, your new spouse can obtain lawful permanent residence and be set on the path to citizenship through naturalization.
Fiancé(e) Visa Process
The process for obtaining a fiancé(e) visa begins by preparing and filing an I-129F Petition for Alien Fiancé(e). Once this application is approved, your fiancé(e) can complete the process of obtaining a K-1 visa at the U.S. embassy or consulate.
Your fiancé(e), along with any unmarried minor children, will have four months to enter the country, and then you will have 90 days to get married. If you do not marry within that timeframe, your fiancé(e) and dependents will be subject to deportation.
The K-1 Visa is a non-immigrant visa, and your fiancé(e) will have nonimmigrant status until the marriage is performed. At that time, conditional permanent residence is granted for two years while your spouse applies for permanent resident status.
U.S. immigration law requires that the couple demonstrate a bona fide intention to marry, meaning that the marriage is not performed solely for immigration purposes. The couple must have the ability and the willingness to participate in a marriage within the required time period. They must also have met in person within two years of the petition filing, unless that would cause some extreme hardship or violate strict cultural rules.
What if I am already married but my spouse is still abroad?
If you are already married, you can bring your spouse over with a K-3 Visa and then complete the process for lawful permanent residence. If you have children, they can be brought over as well on a K-4 derivative visa. The K-3 visa is a nonimmigrant visa and is different from the I-130 Petition for Alien Relative often used for spouses and other family-based immigration.
What if my application is denied?
You may be able to appeal the denial of your I-129F petition to the Administrative Appeals Office (AAO) in Washington, D.C. The process for initiating an appeal is to file the I-290B Notice of Appeal or Motion within 30 days of the denial of your petition.
There is unfortunately no way to appeal denial of a K-1 Visa if the consular official is not convinced the proposed marriage is bona fide. However, you may be able to apply again with a new I-129F in that case.
Get Help with Your Fiancé(e) Visa from a Caring and Capable New York city Immigration Attorney
There are many important steps to follow in order to successfully obtain a K-1 Visa and achieve immigrant status for your new spouse. Not knowing or understanding every aspect of immigration law and procedure can spell disaster for your application. Don’t take chances with your new life together. For help with the fiancé(e) visa process, contact an experienced New York City immigration attorney at Orbach Rosenberg Law.