Although being eligible for a K-1 Visa is a complex procedure that takes a long time and usually involves an administrative examination into the legality of your relationship, the procedure does not have to be overpowering. In the same way, you invest your time and strength into understanding every small thing concerning the one you love, using the K-1 Visa program to unite again with your American lover will significantly benefit your relationship.
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Meaning Of A K-1 Visa
The K-1 visa classification offers access to a certain kind of family-founded immigration that permits the future partner of a United States national to go into the United States for marriage. While a K-1 visa can be the initial stage of a marriage green card, they do not have the same functions.
To be eligible for a K-1 visa, you and your lover are required to ascertain that you:
- You are lawfully free to get married and plan to marry within 90 days of your fiance’s entrance to the United States.
- Have met each other one-on-one within 24 months before you filed this plea.
There are some exclusions from the in-individual contact condition, such as when meeting your lover one-on-one would infringe severe and long-founded customs of your financial culture or when the meeting would lead to severe hardship to the United States national sponsor.
Using the K-1 visa scheme, couples have 90 days to get wedded after the international fiance’s landing in the United States. When you have gotten wedded, the non-national applies for conditional permanent residency, which is authentic for 24 months. To remove the requirements on your residency status, the candidate must file within 90 days before the provisional permanent residency date of expiration. When authorized, the international partner now possesses ten years of green card status, as every other permanent resident holder.
Bringing Kids To The United States On A K-1 Visa
If you have kids who are not married and are below the age of 21 from a past marriage or relationship, you may make an application to have them follow you to the United States. This comprises any kids that your home nation lawfully identifies as your own, whether they are your kids biologically or birthed out of wedlock.
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When you start the application procedure, your lover, your United States national sponsor, must attach your kids’ names in part two of the Petition for Alien Fiance that your lover will file with the United States Citizenship and Immigration Services (USCIS).
Effect Of Divorce On Permanent Residence Status
Sadly, the actuality is that not every marriage leads to “happily ever after.” The impacts of a divorce are based on the phase upon which the divorce took place. When you get wedded to your partner and the situation on your spouse’s residency is taken out, your marriage is required to be treated the same way with every other incident of divorce or the demise of your partner.
If you presented your Form I-751 and your plea for permanent residency was authorized without requirements, you are regarded as a permanent resident, notwithstanding your marital status. Therefore, when your ten years of permanent residency elapse, you will not require your previous partner to sign your plea or file any waivers. Your residency is no longer based on your marital status, and you can also apply for citizenship immediately after you are qualified.
Suppose a divorce occurs before your residency’s condition is taken out. In that case, the international citizen partner may file alone; however, requesting a waiver of the conditions to file together is necessary to satisfy specific measures. Remember that if you have a change of address, you must update USCIS via your online account using the Change of Address card.
Using An Experienced Lawyer To Obtain A K-1 Visa Easier
Doing a countdown on the days left to your marriage ceremony is challenging enough without the additional stress of waiting to realize if you can reside with your lover on United States soil. Hence, you can take some steps to simplify the waiting procedure. Contemplate employing a skilled immigration attorney, which will permit you to investigate your alternatives for developing a life in the United States with your lover.
