K-1 & K-3 Visa Lawyers in San Jose

Helping Clients Enter the US With a Marriage Visa

With complex, constantly changing laws, delays in processing time, language barriers, and extensive paperwork, filing with the United States Citizenship and Immigration Services (USCIS) can be a daunting experience. But when you are working to bring a foreign fiancé or foreign spouse into the country, the effort is well worth it. What can make matters even simpler is when you hire an experienced immigration attorney like those at our law firm.

Getting a fiancé or marriage visa involves many steps, including proving that you have an actual relationship with that person and that the marriage is not fraudulent. Your immigration attorney can help you gather the necessary documents and evidence to prove your citizenship or permanent residence and legally bring your foreign citizen fiancé into the country. We can help you attain the immigration benefits you deserve, even if you are facing obstacles such as a criminal history. When you marry your foreign fiancé, we can help them attain permanent residence.

Call our helpful, caring team of attorneys, who will guide you through the application process. We will help you complete your application thoroughly and with proper documentation to ensure you and your foreign spouse or fiancé have the best chance of success. Reach out to our legal team to discuss your unique scenario and see how we can help by calling 408-359-4388.

What Is a K-1 Visa?

The fiancé visa is a temporary visa that allows a United States citizen to bring a foreign fiancé into the country for the sole purpose of getting married. If the U.S. citizen does not marry the individual before the fiancé visa expires, the person will have to leave the country. Once the couple is married on U.S. soil, the U.S. citizen and foreign spouse can work on upgrading the K-1 visa to permanent residency.

Experienced immigration attorneys usually agree that the K-1 visa is one of the fastest ways to enter the United States. However, these visas are not available for a U.S. citizen who is already married to a foreign-born spouse. Additionally, a foreign fiancé cannot enter with a K-1 visa if they are engaged to a permanent resident. These visas are intended for marriages to a U.S. citizen taking place on American soil only.

For help determining whether you are eligible for a K-1 immigrant visa, or if you are a foreign national who has been legally married and you wish to apply for a green card, give our friendly legal team a call. Our skilled team of immigration lawyers can help get you a fiancé visa or marriage green card, depending on your unique situation.

What Is the K-3 Visa?

The K-3 visa status is for individuals who were married outside of the United States and wish to bring the foreign spouse back into the country. Unfortunately, these visas are more complicated and involve longer wait times than a K-1 visa. Still, having an immigration attorney on your side can help you get your petition approved as quickly as possible.

To start the process of bringing a foreign spouse into the country, a U.S. citizen needs to submit the proper forms. One is Form I-130, which petitions on behalf of a foreign-born relative. In other cases, it is necessary to submit Form I-129, which is the petition for the alien fiancé and their children. With an approved petition, your foreign spouse can enter the country and eventually become a green card holder.

Marriage visas can be complex because of USCIS’s desire to eliminate immigration fraud. Our team of skilled attorneys can help you qualify for a K-3 visa and help your spouse and children enter the United States lawfully. Contact us right away to learn how we can help you and your family unite on American soil.

Who Is Eligible for K-1 and K-3 Visas?

K-1 visas are for a U.S. citizen whose intended spouse is a foreign-born individual. At this time, a lawful permanent resident may not bring a fiancé into the country with a fiancé visa. Some additional requirements involve proving that the marriage is being entered in good faith. Except for rare cases, the couple must have met in person at least once. Some exceptions include not meeting for religious reasons or because doing so would cause extreme hardship.

K-3 visas have similar requirements. The applicant must have already married a U.S. citizen who needs to file a Form I-130. The foreign spouse must be currently living outside of the United States, demonstrate good moral character, and be in a good-faith marriage. Additionally, the foreign spouse’s children may also be eligible for entry into the U.S. using a K-4 visa as long as they are unmarried and under 21 years old. Call our law firm immediately to get help determining which visa you need in your unique case.

What Are the Benefits of Getting a K-1 Fiancé Visa?

While both the K-1 and K-3 visas can be helpful for prospective immigrants who wish to marry a United States citizen, the K-1 visa has some definite advantages. For example, the individual wishing to immigrate to the U.S. may enter the country with a much shorter wait time than with a K-3 visa. Additionally, the fiancé visa has fewer requirements since the marriage will take place on U.S. soil. With fewer legal hoops to go through, the entire process can be quicker and less expensive.

Another downside to K-3 visas is the forced separation that occurs when the citizen spouse must return home alone and wait for their spouse’s visa to be approved. This can cause a great deal of anxiety and heartache for family members who long to be together in America. With the K-1 visa, the couple stays together after the marriage, and all that is lacking is an adjustment of status to permanent residency.

Foreign-born individuals who come to the U.S. for a bona fide marriage may upgrade to a lawful permanent resident status once they are married, helping them along the path toward citizenship. In worst-case scenarios where the citizen spouse dies or abuses the immigrant spouse, it is possible to file independently for lawful permanent residence with the help of a knowledgeable immigration lawyer.

Wherever you are on your path towards U.S. citizenship, our legal team can help. We will identify the quickest and easiest path toward legal U.S. entry to minimize your waiting times and costs. We will stand by your family throughout the legal process and help you get a visa, adjust your status, and more.

How Can K-1 and K-3 Visa Lawyers in San Jose Help Me?

Hiring a marriage visa lawyer is crucial to staying with your family on U.S. soil. Applying for a visa, green card, or naturalization are all complex procedures that involve piles of paperwork and excruciating wait times. Many individuals think they can fill out the forms on their own, only to find out they have missed critical pieces of evidence and have their petitions denied. You can avoid these pitfalls by hiring a skilled immigration attorney with experience with the fiancé and marriage visa.

Some ways an experienced immigration attorney can help include:

Identifying the correct visa for your unique circumstances
Communicating with the National Visa Center on your behalf
Filling and submitting the necessary forms in a timely and thorough manner
Providing evidence of your good faith marriage, including the marriage certificate, photos, evidence of family activities, testimonies of friends and family members, and more
Offering legal services in the native language to overcome language barriers
Giving emotional support and hope during trying times

Should You Hire Our San Jose K-1 & K-3 Visa Lawyers?

If you or your spouse are a U.S. citizen hoping to unite on American soil, please let our experienced and compassionate legal team for help. We are passionate about uniting families legally despite any challenges that may arise. Our team of attorneys believes that every prospective immigrant deserves a chance to live the American dream and bring their loved ones with them. We will fight tirelessly for your opportunity to come to the U.S. and be united with your spouse, including in criminal or deportation defense cases.

Obtaining fiancé and marriage visas can be complicated and frustrating, but you don’t have to go through this challenging time alone. You can reach out to our friendly, capable team of immigration attorneys who will stand by your side throughout the application and adjustment process. We can help you and your loved ones achieve your immigration goals, including naturalization, when the time is right. Call our law offices right away at 408-359-4388 to learn more about our affordable and extensive services.