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.

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

Support for Every Step of Your Journey

Navigating the process for marriage visas can be challenging, particularly because USCIS aims to prevent immigration fraud and thoroughly scrutinizes every application. Understanding the requirements and ensuring that your application is complete and accurate is essential to achieving a successful outcome. Our dedicated attorneys are ready to support you and provide clear guidance on qualifying for a K-3 visa, which allows your spouse and eligible children to join you in the United States legally. Our legal team will guide you through each step of the process, from gathering essential documentation to preparing for any interviews or additional USCIS requests. We will also help you understand what specific evidence you need to demonstrate the validity of your marriage and the strength of your family ties, which USCIS prioritizes when evaluating marriage-based visas. Through careful preparation and attention to detail, we aim to help you avoid delays and ensure that your case is presented in the best possible light.

We recognize how important it is to be with your loved ones, especially when navigating the complexities of U.S. immigration law. Our team works closely with you to address any potential issues early in the process, whether it involves responding to USCIS inquiries or addressing additional requirements to support your application. With a personalized approach to each case, we are committed to helping you and your family achieve your goals of reuniting in the U.S.

Reach out to us today to discuss your situation, learn about the visa process, and start taking steps toward uniting your family on American soil. We are here to answer your questions, offer guidance, and stand by you every step of the way as you work toward securing your family’s future together in the United States.

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

If you or your spouse is a U.S. citizen looking to build a life together on American soil, our experienced and compassionate legal team is here to guide you through every step of the process. We understand how deeply important it is for families to be united, and we dedicate ourselves to helping couples overcome any legal obstacles that stand in their way. Our attorneys are passionate advocates, committed to helping you and your spouse legally reunite in the U.S., even when complications such as criminal charges or deportation issues arise.

We believe that everyone deserves a fair chance to achieve their goals, and we are here to support your pursuit of the American dream. Our team is well-versed in the complexities of immigration law, from family-based visas to waivers and appeals, and we are prepared to go to great lengths to protect your rights. Whether you are facing immigration hurdles, need guidance on visa applications, or require legal representation in deportation or criminal defense matters, we will work tirelessly on your behalf.

When you work with us, you are not just getting legal representation – you are partnering with a team that genuinely cares about your future and will fight for your right to be with your loved ones in the United States. Let us handle the legal complexities so you can focus on building a future with your spouse. Contact us today to learn how we can help you take the next steps toward a united and secure future on American soil.

Speak With Our Team

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.

Contact our law offices right away at 408-359-4388 to learn more about our affordable and extensive services.