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Herndon, VA Fiancé (K) Visa Attorney

Helping Couples Navigate the Fiancé Visa Process in Fairfax County

Many couples dream of building a life together in the United States. This may seem like a difficult prospect in situations where one person is a U.S. citizen and the other lives in another country. Fortunately, the immigration laws in the U.S. allow citizens to sponsor foreign fiancé(e)s for visas that will allow them to come to the United States, get married, and receive a Green Card. While this process can be very beneficial for couples, it can also be complicated, and an experienced attorney can help ensure that all requirements are met correctly.

The Law Firm of Ruiz Dougherty, PLLC, located in Herndon, Virginia, provides invaluable assistance in a wide variety of immigration cases. We can help U.S. citizens and their romantic partners understand the ideal steps to take to ensure that they will be able to build a life together. We assist with visa and Green Card applications, ensuring that all required forms and documents are submitted correctly, and we provide guidance throughout the immigration process, helping to address any concerns that may arise while meeting all applicable legal criteria.

Eligibility and Requirements for the K Visa

A U.S. citizen can apply for a K-1 visa, requesting permission for a foreign fiancé(e)s to travel to the United States so that the couple can get married. The requirements that must be met when applying for a K-1 visa include:

  • Proof of citizenship: The U.S. citizen must demonstrate their citizenship status through appropriate documentation, such as a birth certificate or passport.
  • Intent to marry: A couple must plan to get married during the 90 days after the date the fiancé(e) enters the U.S. If the marriage does not take place within this window, the visa will expire, and the foreign fiancé(e) will be required to leave the United States.
  • Legal qualifications for marriage: The couple must be able to become legally married to each other. In addition to meeting the requirements to get married within the U.S., they must show that they are not currently married to anyone else. That is, if either party had previously been married, they will need to provide documentation of their divorce or annulment or proof that their previous spouse has died.
  • Proof of a genuine relationship: The couple will typically be required to show that they met each other in person at some point during the two-year period before they applied for a K-1 visa. Exceptions may be made based on either extreme hardship or cultural customs.
  • Financial support: The U.S. citizen will need to meet certain income requirements to sponsor their fiancé(e), ensuring they can support their partner without relying on public benefits. An Affidavit of Support will be required, which will serve as a commitment to provide for their fiancé(e)'s ongoing needs.

Visa Application and Green Card Procedure

The process for bringing a foreign fiancé(e) to the U.S. and obtaining a Green Card will involve the following steps:

  1. Petition for fiancé(e): The U.S. citizen will file Form I-129F on behalf of their fiancé(e) with U.S. Citizenship and Immigration Services (USCIS).
  2. Visa application: Once the petition is approved, the fiancé(e) will go through the visa process at their local U.S. consulate or embassy. They will be required to provide a variety of documents, attend a visa interview, and take a medical examination.
  3. Marriage: After arriving in the U.S., the couple must become legally married within 90 days.
  4. Adjustment of status: After getting married, the couple can apply to adjust the foreign spouse's status by filing Form I-485 with USCIS. The spouse will receive a conditional Green Card that will be valid for two years.
  5. Removing conditions: Before the expiration of conditional permanent residency, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence. They will need to demonstrate that they are still married and that their relationship is genuine. After doing so, a permanent Green Card will be issued.

Contact Our Fairfax County K Visa Attorneys

When applying for a fiancé visa, the assistance of an experienced attorney can be invaluable. At The Law Firm of Ruiz Dougherty, PLLC, our immigration lawyers can ensure that all paperwork is completed accurately and submitted within the right timeframes. We can also help prepare for interviews with immigration officials and address any potential legal complexities that may arise. We are dedicated to helping couples and families navigate the immigration process. To learn more about how we can help apply for K visas or remove the conditions on a Green Card, contact us at 571-441-2233 and set up a free consultation.

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