New Orleans K-1 Visa Lawyers
Helping New Orleans or Slidell citizens bring their fiancé(e)s to America
Many Southeastern Louisiana residents want to bring the women or men to whom they are engaged to wed to America so they can marry. The United States Citizenship and Immigration Service (USCIS) requires that you first obtain a K-1 nonimmigrant visa for your fiancé(e). This visa is also known as a fiancé(e) visa. A condition of the K-1 visa is that you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the US as a K-1 nonimmigrant. The marriage must be for love and for the intent to live a life together – not for the sole purpose of obtaining an immigration benefit.
Once the marriage is official, your fiancé(e) can apply for lawful permanent resident status in the United States (a green card). At the Law Office of James A. Graham, our New Orleans immigration lawyers explain the eligibility requirements for a K-1 visa, guide you and your loved one through the petition for a K-1 visa process, and help your fiancé(e) obtain a green card when after the marriage occurs.
Am I eligible for a K-1 fiancé(e) visa?
You may be eligible to bring your fiancé(e) to the United States on a K-1 visa if you meet the following requirements:
- You are a US citizen.
- You and your fiancé(e) intend to marry each other within 90 days of your fiancé(e)’s admission to the US on a K-1 nonimmigrant visa.
- You and your fiancé(e) are both legally free to marry. This means any prior marriages must have ended through divorce, annulment, or death and that you are otherwise legally able to wed.
- Prior to filing the petition, you and your fiancé(e) must have met each other in person at least once within the 2-year period before you file your petition. We’ll help you obtain a waiver of this requirement “if you can show that meeting in person would violate strict and long-established customs of your fiancé(e)’s foreign culture or social practice” or cause extreme hardship to you, the US citizen petitioner.
What are the steps for obtaining a K-1 visa?
Are children eligible for a K-1 visa?
Children of your fiancé(e) may be eligible to come to America on a K-2 nonimmigrant visa if they are under 21 and are not married. The children’s names must be included on Form I-129F if you wish to bring them to the United States. “The children must continue to be unmarried and under 21 in order to be admitted to the United States as K-2 nonimmigrants. They may travel with your fiancé(e) or later, but they cannot travel to the U.S. before your fiancé(e).”
Once your marriage occurs (within the 90-day period), your fiancé(e)’s children who were admitted as K-2 nonimmigrants may also apply for a green card by filing Form I-485 with the USCIS. The children must stay unmarried in order to be eligible for a green card. Normally, your spouse and children will apply for green cards at the same time.
Can my fiancé(e) work in the United States with a K-1 visa?
Once your fiancé(e) is admitted to America on a K-1 nonimmigrant visa, he/ she may “immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization.” The work authorization is only valid for 90 days after your fiancé(e)’s entry into the US.
When your fiancé(e) applies for her/his green card, she/he can also apply for work authorization at the same time. According to the USCIS, “your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments.”
What happens if we don’t meet the marriage deadline?
The 90-day K-1 and K-2 nonimmigrant status cannot be extended. If you and your fiancé(e) do not marry within 90 days after he or she is admitted to the US, she/he and the children must leave America. Staying beyond the 90-day period without a valid marriage may result in removal and could jeopardize any future immigration efforts.
Do you have a K-1 visa lawyer near me?
The Law Office of James A. Graham has two offices located in South Louisiana:
For clients who are unable to travel, we can schedule phone or video conferences when needed.
Our New Orleans K-1 visa lawyers are ready to help you and your fiancé(e) unite in America
At the Law Office of James A. Graham, we understand the joy of being connected to that one special person in your life. Our New Orleans immigration lawyers have the experience and resources to help your fiancé(e) and any of his/her children reunite with you in America. We’ll answer all your questions and guide you and your fiancé(e) through the immigration process. Please call us or complete our contact form to schedule a consultation. Our New Orleans and Slidell K-1 visa lawyers are ready to help you today.