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The United States has always been a place of growth and opportunity. For engaged and married couples, this also presents an opportunity to potentially have a family and fully ingratiate themselves as American residents. However, depending on one’s legal status, several requirements must be met before this dream is realized.

If you are married to a U.S. citizen or are planning to marry a U.S. citizen, speak with an Aurora K-visa lawyer to learn more about obtaining lawful permanent residency status in the United States. A knowledgeable family immigration attorney can inform you of your eligibility and review the situation regarding any children you might have to see if they can also acquire LPR status. To learn more, call today.

Different Types of Categories Under a K-Visa

K-visas are visas granted to the fiancé(e) or spouse of a U.S. citizen. However, no case is the same, and the law tries to ensure that no matter a person’s situation, they would still be able to qualify for a fiancé visa. As a result, K-visas have been separated by categories depending on an applicant’s situation:

  • K-1 visa: for visa beneficiaries, typically the fiancé(e) in an engagement
  • K-2 visa: for unmarried children under 21 years of age-related to a K-1 visa recipient
  • K-3 visa: for spouses of U.S. citizens
  • K-4 visas: for children belonging to the spouse of a U.S. citizen

It is worth noting that K-3 visas are filed for a person who is already married to a U.S. citizen. This visa gives someone who is a foreign spouse of a U.S. citizen the ability to enter the U.S. as a non-immigrant and adjust status as a lawful permanent resident by filing Form I-485. In practice, it would be used in situations in which the immigrant visa wait time would be much longer than the fiancé(e) visa wait time. An Aurora K-visa attorney could help determine which approach works best for each unique case.

How Does a Person Apply for a K-Visa?

A person applies for a K-visa by having a petitioner file Form I-129F with the appropriate office within immigration along with the appropriate evidence as requested on the form’s instructions. This form is filed by a U.S. citizen on behalf of their immigrant fiancé(e) or spouse.

Documents Needed to Apply for a K-Visa

To apply for a K-visa, a couple needs to compile proof of their relationship. They would also need to put together a statement indicating their ability to legally marry and their intent to marry within 90 days of entrance into the United States. They should also include evidence showing how they met and if trips have been taken for them to meet each other to prove the relationship. A dedicated K-visa attorney in Aurora could help a couple gather this evidence.

Adjusting Status if a Fiancé(e) is Already in the United States

If a person’s fiancé(e) is already in the United States with another type of legal status and they decide to marry now, they may be able to apply for a change of legal status. You could apply for an immigrant visa and potentially an I-485, depending on your current immigration status. It would be good to meet with an immigration attorney with experience in applying for K-visas to determine whether you could adjust status in Aurora.

Reach Out to an Aurora K-Visa Attorney Today

Applying for a K-visa or adjustment of status upon a fiancé(e) or spouse’s entry into the United States could present many roadblocks that could only be overcome with the help of an experienced immigration attorney. An Aurora K-visa lawyer could inform you of your eligibility to obtain legal status and advise you throughout the process to minimize the room for error. To get started on your case, be sure to schedule a consultation today.

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