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The Ultimate Guide to the K-1 Fiancé Visa Process by Calvo Immigration Lawyers

K-1 Fiancé Visa Process

The Ultimate Guide to the K-1 Fiancé Visa Process by Calvo Immigration Lawyers

Navigating the journey to U.S. residency through a K-1 Fiancé Visa can be complex. Calvo Immigration Lawyers is here to guide you through every step of securing a K-1 visa, ensuring you and your fiancé can start your life together in the United States with clarity and confidence.

Understanding the K-1 Fiancé Visa

A K-1 Fiancé Visa is designed for the foreign-citizen fiancé(e)s of U.S. citizens, offering a pathway to enter the U.S. and marry within 90 days of arrival. Following the marriage, the foreign spouse can apply for Permanent Resident Status (LPR) in the U.S., marking the first step towards a future together in America.

Key Facts:

  • Average Processing Time (2023): 6 months for a K-1 visa application.
  • Application Fee: Currently set at $800, with anticipated increases in April 2024.
  • Application Volume and Denial Rates: In Fiscal Year 2022, 48,118 Form I-129F applications were filed, with a 19.7% denial rate.

The Application Journey

Step 1: Filing Form I-129F

The U.S. citizen begins by filing Form I-129F to prove the legitimacy of their relationship. This form is the foundation of the K-1 visa application, setting the stage for the subsequent steps in the visa acquisition process.

Step 2: Visa Application and Interview

Following I-129F approval, the foreign fiancé(e) completes the DS-160 form and prepares for the visa interview. This phase includes gathering necessary documentation and attending a medical examination.

Step 3: Entering the U.S. and Marriage

Upon visa approval, the fiancé(e) has six months to enter the U.S. The couple must marry within 90 days of arrival, after which they can apply for a change of status to permanent residency.

The Ultimate Guide to the K-1 Fiancé Visa Process by Calvo Immigration Lawyers

Deep Dive: Eligibility and Requirements

To qualify for a K-1 visa, couples must meet specific criteria, including proving they have met in person at least once within two years prior to applying. Exemptions to this rule exist under certain circumstances, emphasizing the importance of detailed documentation and adherence to application prerequisites.

Financial Aspects of the K-1 Visa

The current total cost of the K-1 visa process is $800, covering government fees and medical examination costs. It’s crucial to plan for these expenses and stay informed about upcoming fee adjustments.

Overcoming Common Hurdles

Calvo Immigration Lawyers offers expert advice on navigating the complexities of the K-1 visa process, from meeting the in-person requirement to preparing for the interview. Our comprehensive guides and personalized consultation services aim to minimize the stress associated with visa applications.

Why Choose Calvo Immigration Lawyers?

Our success rate and commitment to our clients set us apart. With Calvo Immigration Lawyers, applicants gain access to detailed guides, expert advice, and a partner dedicated to ensuring their journey to the U.S. is as smooth as possible.

Beyond the K-1 Visa: Adjusting to Permanent Residency

After marriage, the next step is applying for a marriage-based green card. Calvo Immigration Lawyers provides a step-by-step guide to this process, supporting clients through each phase of adjusting status from a K-1 visa holder to a permanent resident.

The Role of Personalized Legal Support

Navigating U.S. immigration law requires expert guidance. At Calvo Immigration Lawyers, we offer tailored support for each client, ensuring your K-1 visa application is handled with the utmost care and expertise. Our goal is to simplify the immigration process, allowing you and your fiancé to focus on building your life together in the U.S.

Keeping Up with Immigration Changes

The U.S. immigration landscape is ever-changing. Calvo Immigration Lawyers stays ahead of these changes, providing our clients with the most current information and strategies to navigate their immigration journey successfully.

Your Partners in the K-1 Visa Process

From the initial application to adjusting status post-marriage, Calvo Immigration Lawyers is with you every step of the way. Our comprehensive services are designed to address every aspect of the K-1 visa process, ensuring you have the support and knowledge needed to embark on this exciting new chapter of your life.

Understanding Marriage-Based Green Cards-A Comprehensive Guide by Calvo Immigration Lawyers

Understanding Marriage-Based Green Card

Understanding Marriage-Based Green Card: A Comprehensive Guide by Calvo Immigration Lawyers

 

 

Introduction to Marriage-Based Green Cards

A marriage-based green card offers a unique opportunity for the spouse of a U.S. citizen or a lawful permanent resident to live and work in the United States, enjoying “permanent resident” status. This status paves the way for potential U.S. citizenship, subject to the holder’s choice, after a mandatory three-year period of marriage.

Essential Insights

  • Processing Times: As of January 2024, it takes approximately 9.3 months to process a marriage green card application.
  • Application Costs: The cost stands at $1760 for couples residing within the U.S., while it’s reduced to $1200 for those with one or both partners living abroad.
  • Initial Steps: The process begins with the sponsoring spouse filing Form I-130, serving as proof of a genuine marital relationship.

Navigating the Green Card Process

Securing a green card through marriage entails a structured three-step procedure:

  1. Establishing the Marriage Relationship: The U.S. citizen or green card holder files Form I-130 to affirm the marriage’s authenticity.
  2. Application for Green Card: Depending on the current residence, the applicant will either go through an adjustment of status within the U.S. (Form I-485) or apply from abroad (Form DS-260).
  3. The Green Card Interview: Both partners attend an interview, culminating in the final decision on the application.

Calvo Immigration Lawyers has curated a detailed guide that elaborates on each step, suitable for applicants both in and outside the U.S., and provides insight into the types of interview questions to anticipate.

Understanding Marriage-Based Green Cards-A Comprehensive Guide by Calvo Immigration Lawyers

Preparing Your Application

Gathering the right documents at the outset is crucial. Key documents include:

  • Legal marriage certificate
  • Divorce decrees, if previously married
  • Evidence of legal U.S. entry and birth certificate (for the beneficiary)
  • Proof of U.S. Citizenship (for the sponsor)
  • Documentation proving the legitimacy of the marriage

Timeline and Financial Considerations

The processing duration for a marriage-based green card currently averages 9.3 months. Calvo Immigration Lawyers offers an in-depth guide to help navigate through processing times and understand the financial commitments involved in your application.

Citizenship Post-Marriage Green Card

Typically, a lawful permanent resident married to a U.S. citizen can initiate the naturalization process via Form N-400 under the “three-year rule,” contrasting with the broader “five-year rule.” Eligibility hinges on continuous U.S. residency for three years, substantial physical presence, and living in marital union with the U.S. citizen spouse while upholding “good moral character.”

Understanding Costs

The government filing fees total $1760 for spouses within the U.S. and $1200 for those abroad. These figures exclude medical examination fees, which can range from $200 to $500. Calvo Immigration Lawyers has compiled a guide detailing these costs, including the impending fee increases scheduled for April 1, 2024, by USCIS.

The Application Journey

  1. Form I-130 Submission: Validates the marriage.
  2. Adjustment of Status or Consular Processing: Application methods vary based on the applicant’s location.
  3. The Interview: A crucial step to verify the marriage’s authenticity.

Update for Green Card Holder Spouses: Significant delays are anticipated for spouses of green card holders following changes in the September 2023 Visa Bulletin under the F-2A category. Our monthly Visa Bulletin report offers detailed insights.

Naturalization Post-Marriage Green Card Lawful permanent residents married to U.S. citizens may start the naturalization process by filing Form N-400 under the “three-year rule,” contrasting with the “five-year rule” applicable to other green card holders. This process demands three years of U.S. residency, physical presence for 18 of those months, cohabitation with the U.S. citizen spouse, and proof of “good moral character.”

Calvo Immigration Lawyers supports clients throughout their application process, ensuring clarity and assistance from initial filing to the immigration interview. Our expertise in immigration law ensures that clients navigate their journey to obtaining a marriage-based green card with confidence and comprehensive legal backing.

For detailed support and to start crafting your tailored visa strategy, reach out to Calvo Immigration Lawyers today.