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Woodridge fiance immigration lawyerImmigration has been a hot topic in recent years. Under the current presidential administration, immigration policies have been under scrutiny, and fiancé visas - officially known as K-1 visas - have taken a hit. According to the United States Citizenship and Immigration Services (USCIS), around 90 percent of fiancé visas were approved in 2016. In 2017, when President Donald Trump took office, the percentage of approved fiancé visas dropped to around 66 percent. Even though fiancé visas are getting harder to obtain, it is not impossible to get one - you just need the help of a skilled immigration attorney.

Eligibility Requirements for a K-1 Visa

In order to successfully obtain a visa for your fiancé, you must meet certain requirements. Though every visa petition is different, there are a few common requirements that you must meet. Eligibility requirements include:

  • You must be a U.S. citizen;
  • Both you and your spouse must be able to become legally married;
  • You must intend to marry your fiancé within 90 days of receiving the visa;
  • You must have physically met each other face-to-face at least once within the past two years; and
  • You must meet certain income requirements to prove that you can support your fiancé.

Other Elements of the K-1 Visa Process

In addition to meeting the requirements for a fiancé visa, you must also complete a series of other steps in order to successfully complete the process:

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Factors that Can Make a Person Ineligible for a Visa

Aurora immigration attorney visa denialIf you are a United States citizen or lawful permanent resident (LPR), there are ways that you can bring your spouse, fiancé, or other family members into the U.S. to live with you if they are a citizen of another country. Unfortunately, not all who apply for visas receive them. While there is not a limit on the number of visas issued to spouses of U.S. citizens, only a certain number of other types of visas are issued each year to allow people to enter, live, and work in the United States. In addition to restrictions on the number of visas issued, certain situations can disqualify your family member from obtaining a visa.

Health-Related Situations

The United States has specific requirements for people wishing to enter the country. Health-related issues usually revolve around sustaining the health of the public. Those applying for visas must have been vaccinated against:

  • Mumps;
  • Measles;
  • Rubella;
  • Polio;
  • Tetanus;
  • Diphtheria;
  • Pertussis;
  • Influenza type B; and 
  • Hepatitis B.

The U.S. also does not allow those who have a mental disorder and associated behavior that poses a threat to the property, safety, or welfare of the person or others, or those who are determined to be drug abusers or addicts.

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The Process for Bringing a Foreign Fiancé to the United States

Oak Brook immigration attorney fiance visaWhen a United States citizen plans to marry someone who is a citizen of a foreign country, they may be able to obtain a nonimmigrant visa that will allow their fiancé to come to the U.S. to get married, after which they may apply for a Green Card. However, the process of bringing a fiancé to the United States is complex, and it involves multiple government agencies. To complete the process of fiancé immigration, the following steps must be followed:

  1. File a petition for fiancé - To begin the process, a U.S. citizen must file Form I-129F (Petition for Alien Fiancé(e)) with U.S. Citizenship and Immigration Services (USCIS). If USCIS approves this petition, they will recognize the relationship between the citizen and their fiancé and send the approved petition to the National Visa Center (NVC).
  2. Apply for a fiancé visa - After the Department of State (DOS) receives an approved Form I-129F, the fiancé can apply for a K-1 nonimmigrant visa at the U.S Embassy or consulate in the country where they currently live. 
  3. Attend a visa interview - The fiancé will be interviewed by a DOS consular officer, and they will be required to provide certain documentation, including proof of required medical examinations and vaccinations and an affidavit of financial support. If the fiancé qualifies, a visa will be issued.
  4. Enter the U.S. - After a visa is issued, it will be valid for up to six months. The fiancé will travel to the United States, and they will be inspected by U.S. Customs and Border Protection (CBP), who will decide whether to admit them to the U.S. 
  5. Get married - After the foreign fiancé enters the United States, they must marry their U.S. citizen fiancé within 90 days. 
  6. Apply to adjust status - After getting married, the immigrant spouse may apply to become a lawful permanent resident of the United States by filing Form I-485 (Application to Register Permanent Residence or Adjust Status). Both spouses may be required to provide documentation and attend an interview.
  7. Remove conditions on residence - Spouses who have been married for less than two years when applying to adjust their status will receive a conditional Green Card that will be valid for two years. Within 90 days of the expiration of this Green Card, they must apply for permanent residence by filing Form I-751 (Petition to Remove Conditions on Residence).

Contact a DuPage County Immigration Lawyer

Meeting the requirements for fiancé immigration can be a complicated process, and the assistance of an experienced immigration attorney is often required in order to ensure that the proper forms are filed and the correct steps are followed. At Khan Nayyar & Associates, LLC, we can provide you with the legal help you need as you work to bring your loved one to the U.S. to get married. Contact our Oak Brook immigration attorneys today by calling 630-LAWYERS.

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Helping a Foreign Fiancé Obtain Lawful Permanent Resident Status

Oak Brook fiance immigration lawyerWhen a U.S. citizen or lawful permanent resident (Green Card holder) plans to get married to someone who is a citizen of a foreign country, they will likely want to bring their loved one to live with them in the United States. However, there are strict procedures that must be followed in order to do so. There are two options available for people who plan to help their future spouse immigrate to the U.S. and become a lawful permanent resident:

Marriage Inside the United States

A U.S. citizen can apply for a fiancé visa (known as a K-1 nonimmigrant visa) that will allow their loved one to come to the United States for the purpose of getting married. To receive this type of visa, both spouses must be free to marry, and they must have met each other in person within the previous two years before applying for the visa.

To apply for a K-1 visa, a citizen can file Form I-129F (Petition for Alien Fiancé(e)). After receiving a visa, the fiancé may come to the United States, and the marriage must take place within 90 days after their entry. After getting married, a spouse can apply to become a lawful permanent resident by filing Form I-485 (Application to Register Permanent Residence or Adjust Status).

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Requirements for Obtaining a Fiancé Visa

DuPage County fiance visa immigration attorneyWhen a U.S. citizen plans to marry a foreign national who resides in another country, they are able to apply for a K-1 nonimmigrant visa (also known as a fiancé visa), allowing their future spouse to immigrate to the United States for the purposes of getting married. However, the process of applying for this type of visa can be complex, and it is important to understand the requirements that must be met.

Required Documentation for a Fiancé Visa

To apply for a K-1 nonimmigrant visa, a U.S. citizen must file Form I-129F (Petition for Alien Fiancé(e)). They will be eligible to file this petition if both spouses are legally able to get married and plan to do so within 90 days after the alien fiancé arrives in the United States. After the petition is approved, the National Visa Center (NVC) will assign a case number and send information to the U.S. Embassy or Consulate in the country where the fiancé resides, and a visa interview will be scheduled. The foreign national fiancé must provide the following documentation at this interview:

  • A completed Form DS-160 (Online Nonimmigrant Visa Application) - After completing this form, the confirmation page can be printed to bring to the interview.
  • A valid passport - The passport must be valid for travel to the U.S. for at least six months after the period of time the fiancé plans to stay in the country.
  • Proof of dissolution of previous marriages - Both the U.S. citizen and foreign national fiancé must provide divorce or death certificates for any previous spouses.
  • Criminal records - An applicant must provide police certificates containing any arrest records from countries where they have lived for at least six months after reaching the age of 16.
  • Medical examination and vaccination records - An applicant must receive a medical examination from an authorized doctor. While vaccinations are not required at this time, immigration law requires immigrants to receive certain vaccinations in order to obtain legal permanent resident status, and applicants are encouraged to receive these vaccinations as soon as possible.
  • Proof of financial support - Applicants must demonstrate that they and/or their spouse will be able to provide support for them while they live in the United States. A Form I-134 (Affidavit of Support) may be required by the Consular Officer.
  • Two passport photos
  • Proof of relationship - Applicants may be required to provide evidence, such as photographs, that their relationship with their intended spouse is genuine.
  • When a K-1 visa has been approved and issued, the fiancé can enter the U.S., and after the marriage has taken place, they can apply for a green card as a lawful permanent resident.

Contact a DuPage County Immigration Attorney

The application and interview process for a fiancé visa can be complex, and mistakes or omissions made during this time can cause significant delays. If you, your fiancé, or other family members are planning to immigrate to the United States, the skilled attorneys at Khan Nayyar & Associates, LLC can help you meet your legal requirements and work with you to complete the process as quickly and efficiently as possible. Contact an Oak Brook immigration lawyer today by calling 630-LAWYERS.

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Posted on in Immigration
What Is a Fiancé Visa?

DuPage County fiance visa attorneyIf a U.S. citizen wishes to bring a foreign national to the U.S. in order to marry him or her, the U.S. citizen may apply for a fiancé visa. A fiancé visa (also called a K-1 nonimmigrant visa) allows a U.S. citizen’s foreign national fiancé to enter and stay in the U.S. for about three months so that the U.S. citizen and foreign fiancé may get married. Once they are married, permanent residence (green card) for the foreign fiancé may be applied for. In addition, if the foreign fiancé has children who are under the age of 21 and are unmarried, the children are eligible for a K-2 nonimmigrant visa. 

If the foreign national fiancé does not marry the petitioner within 90 days of his or her arrival to the U.S., the fiancé status of the visa applicant immediately expires. 

In order to be eligible for a fiancé visa, the petitioner must show that:

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