If you want to marry a foreign national who does not currently reside in the United States, bringing them into the country legally can be the most complicated part of the process. Depending on the type, obtaining the right K-visa can allow your fiancé and potentially their children to enter the United States legally so you can get married.
However, specific requirements must be met to receive a K-visa and to ensure it remains valid, all of which a seasoned immigration attorney could help you understand and fulfill. Guidance from a Bolingbrook K-visa lawyer could be crucial to ensuring compliance with U.S. Customs and Immigration Services (USCIS) regulations and preserving your marriage plans.
The most basic and commonly sought type of K-visa is the K-1, which allows a foreign national to temporarily enter the United States so they can marry a U.S. citizen. Once the marriage is completed, a K-1 visa recipient can then apply for legal permanent resident status and stay with their spouse in the U.S. until their Green Card application is processed.
If a K-1 visa recipient has unmarried children under the age of 21 who they would like to bring with them into the U.S., they will need to additionally apply for a K-2 visa. Each child will need their own K-2 visa application and will either need to file out required forms themselves or have their parent fill them out and sign on their behalf.
In rare cases, a non-citizen who is already married to a U.S. citizen may want to pursue a K-3 visa, which would allow them to legally enter and reside in the U.S. with their spouse while their immigrant visa petition is still being processed. If applicable, a K-4 visa would allow a K-3 visa recipient to bring their minor children along with them. A Bolingbrook K-visa attorney could discuss on a case-by-case basis what visas may be appropriate for a couple to pursue.
Anyone seeking a K-visa will need to file Form I-129F, Petition for Alien Fiancé(e) and submit documentation about their identity and background to the USCIS. If the USCIS accepts the form, they are formally recognizing the relationship between the applicant and the citizen they intend to marry. At this point, USCIS will forward the approved form to the U.S. embassy or consulate in the country the applicant intends to emigrate from, where the applicant can apply for the K-visa they require.
Once a K-visa recipient enters the United States, they have 90 days to marry the individual sponsoring their K-visa, or they will have to leave and go through the visa application process again if they wish to come back. A visa representative could offer further clarification to anyone seeking to petition USCIS for a K-visa on a prospective spouse’s behalf.
While current U.S. immigration law does allow foreign nationals to enter the U.S. to marry a sponsoring U.S. citizen, there are strict rules applicable to this kind of visa. Any failure to follow USCIS procedures—and especially a failure to actually marry the sponsoring citizen—can lead to a rejected application, deportation from the United States, and potentially other serious consequences.
You should seek help from a Bolingbrook K-visa lawyer if you want to ensure you and your soon-to-be spouse can live together in the U.S. legally. Call today to schedule a consultation about your unique circumstances.