If you are not yet married to a foreign national, you may be able to sponsor them for a K-visa that allows them to come to the United States legally. However, this type of visa is not the same as a family sponsorship visa, nor does it establish legal permanent residency. If you and your prospective spouse are not married within 90 days of when they enter the United States, their visa will expire, and they will have to leave the country.
A Naperville K-visa lawyer could provide crucial guidance about what type of visa you and your intended spouse need in your unique circumstance. If applicable, an immigration attorney could also help you pursue a visa for your foreign fiancé’s minor children, so they can accompany your future spouse into the United States.
The K-1 visa is the most basic type, as it allows a foreign national to enter U.S. borders specifically to get married to a current U.S. citizen. This visa is generally only available if the petitioning party in Naperville and the foreign national they intend to marry have met in person at least once within the past two years, although exceptions may apply in certain circumstances.
To pursue a K-1 visa, the petitioning party must file Form I-129F, Petition for Alien Fiancé(e) with U.S. Citizenship and Immigration Services (USCIS), whose approval signifies recognition that the relationship is valid in the eyes of the U.S. government. An approved form will be sent by USCIS to the National Visa Center, which will then transfer the form to the appropriate U.S. embassy or consulate where the proposed visa recipient will be interviewed.
If a U.S. citizen is already married to a foreign national, they could apply for a K-3 visa that would allow their spouse to reside with them in the U.S. while waiting for their family preference visa application to be processed. A Naperville K-visa attorney could discuss whether pursuing this kind of visa would be appropriate in a particular set of circumstances.
If a foreign national seeking a K-1 visa has any unmarried children under the age of 21, the U.S. citizen sponsoring them can pursue K-2 visas for those children. If approved, K-2 visas allow minor children to accompany K-1 visa holders when they immigrate to the United States to marry their fiancé(e).
In the same vein, foreign nationals seeking K-3 visas can apply for K-4 visas that allow them to bring unmarried minor children with them to the United States. As with K-3 visas, though, K-4 visas are only temporary measures that are meant to last until USCIS reaches a final decision about associated family preference visas. A local marriage visa representative could offer clarify on the role a sponsor would play in either of these processes.
K-visas can be extremely useful for individuals who want to marry non-U.S. citizens who do not currently reside in the United States. However, applying for and successfully receiving this visa can be a struggle if you are unfamiliar with USCIS procedures and regulations. If you want to make sure your marriage plans proceed as smoothly as possible, you should strongly consider seeking help from an experienced attorney in pursuing the visa you and your fiancé need.
A Naperville K-visa lawyer could help with every aspect of the visa application process, from initial filing to documentation review, to even the interview process. Call today to learn more about what legal counsel could do in your situation.
