The K-visa is a type of visa available to those who are planning to marry or who are already married to a U.S. citizen. Although the process for obtaining a K-visa seems straightforward, that could not be farther from the truth. The reality is that the immigration process in the United States provides many opportunities for delays. Couples with little to no knowledge of the requirements could find their claim delayed by months or even years.
If you or someone you love would like to know more about applying for a K-visa in Aurora, reach out to a knowledgeable attorney today. A lawyer could review your case and inform you of what you have to do in order to submit a successful application.
Some of the roadblocks that a couple may face when applying for a K-visa include criminal history in the foreign spouse’s background or previous marriages that have not been terminated successfully. Another roadblock could be proving that the fiancé relationship is a legitimate one and not having enough evidence to do so. Couples who are worried about having their application affected by these roadblocks should let their attorney know to develop a plan to overcome these challenges.
Precautions a person could take to ensure their fiancé/e’s visa would not be denied includes making sure that they have answered every question correctly to the best of their knowledge, understanding the legality of each question on the form, submitting evidence that proves the relationship, and having written statements of intent to marry. A couple should review whether any grounds of inadmissibility apply to the foreign spouse or fiancé. Finally, they should determine whether a waiver is needed for that person to come to the United States.
A fiancé/e can request permission to work in the United States while on a fiancé/e visa. Once the person has entered the United States, they could apply for work authorization with that fiancé/e visa. Once work authorization is received, the person is free to work in the United States.
A conditional permanent resident status is a status that is granted any time a green card and legal permanent residency is granted within two years of the marriage. If the marriage is two years or less at the time of the green card approval, then a conditional residency would be issued by U.S. Citizenship and Immigration Services (USCIS). A conditional legal permanent resident is required to file an application to remove the conditions within two years of the green card being issued.
A person who entered with a K-visa and obtained a conditional permanent residency must remove his or her conditions. The conditions on a permanent resident status are removed by filing USCIS Form I-751. This form is filed either as a joint filing or as a waiver filing. It needs to be filed within two years of the residency being granted. The conditional permanent resident’s green card will have an expiration date. The I-751 must be filed prior to that expiration date. If it is not filed, then the conditional permanent residency will be deemed legally terminated.
Applying for legal status is one of the most monumental points in a person’s life. Considering how important this is, it is highly recommended to speak with an attorney before applying for a K-Visa in Aurora. Doing so could prevent you from making potentially costly errors that could delay your application for lawful permanent status. To have your case reviewed by a professional immigration attorney, call us today to schedule a consultation.