The Law Office of Tatiane M. Silva, P.A.: Your Miami K-1 Visa Lawyer

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Navigate the complexities of the K-1 visa process with our  Miami K-1 Visa Lawyer at The Law Office of Tatiane M. Silva, P.A. Discover how we can help unite you with your fiancé(e) in the U.S.

Why You Need a Miami K1 Visa Attorney

The U.S. immigration system exists to protect the integrity of our country’s borders. But sometimes, this ordinarily beneficial system can create a barrier between families, friends, and lovers.

If you are a U.S. citizen engaged to a foreign national who lives abroad, you’ll probably feel the impact of this barrier more than most. Fortunately, there’s a special type of visa that stands as a beacon of hope for people in your position: the K-1 visa. This visa would allow your foreign fiancé(e) to travel to the U.S. so you can get married and begin your lives together.

However, the K-1 visa application process, like other immigration processes, can be difficult to navigate due to its legal intricacies. Any mistakes made during the process could lead to processing delays or a denial, which could jeopardize your beautiful relationship. That’s why it is important to seek professional help from a Miami K-1 visa lawyer who can assist with the process early on.

At The Law Office of Tatiane M. Silva, P.A., we understand what the K-1 visa means for your future with your partner. As an experienced immigration law firm, you can trust us to help simplify the legal process and guide you toward a successful outcome so you can focus on your imminent reunion.

Understanding the K1 Visa

The K-1 visa, also known as the fiancé(e) visa, allows a foreign citizen who is engaged to a U.S. citizen to travel to the U.S. to get married. The marriage must take place within 90 days of the K-1 holder’s arrival in the U.S.

K-1 visas are non-immigrant visas, which means they are temporary and do not confer permanent resident status on their holders. However, after marriage, a K-1 visa holder would be eligible for a Green Card as the spouse of a U.S. citizen, which would allow them to adjust their immigration status and become a Green Card holder without leaving the U.S.

Eligibility Criteria

To qualify for the K-1 visa, you and your fiancé(e) (the applicant) must meet certain criteria, including the following;

  • You both are free to marry (which means none of you is married to anyone else).
  • You intend to get married within 90 days of your fiancé(e)’s arrival in the U.S.
  • You both have met physically at least once in the last two years. However, this requirement can be waived by United States Citizenship and Immigration Services (USCIS) if: 
    • It would cause extreme hardship to either of you.
    • It is against your or the applicant’s custom for a couple to meet before marriage.
  • The applicant meets the legal requirements for admission or admissibility into the U.S.

Applying for a K1 Visa: A Summary of the Process

K-1 visa applications typically follow these steps:

Filing the I-29F petition

The K-1 visa application process begins when you, the U.S. citizen fiancé(e), file Form I-129F, Petition for Alien Fiancé(e), with USCIS. This form and the documents you submit with it will help to prove that you and your fiancé(e)meet the legal requirements for a K-1 visa.

Some of the required documents include the following:

  • Proof of your U.S. citizenship.
  • Documents that show that any previous marriage for either of you has legally ended.
  • Proof that you and your fiance(e) have met physically in the last two years or evidence that you qualify for a waiver based on the exceptional hardship or cultural exemption.

Processing at the National Visa Center

Once USCIS approves your petition, it will be sent to the National Visa Center (NVC). The NVC will notify you once this happens. In turn, you’ll need to notify the applicant of this development so they can begin the actual visa application process.

Visa Application and Interview

The applicant would need to complete and submit Form DS-160 (Online Non-immigrant Visa Application). They would also need to attend a visa interview where they’ll be required to bring several essential documents, including :

  • A copy of the Form DS- 160 confirmation page (gotten after the form is submitted online).
  • Police certificates from the applicant’s country and any other country where they have lived since they turned 16.
  • A valid travel passport.
  • The applicant’s birth certificate.

Consular officers are always on the lookout for red flags that could indicate marriage fraud, perhaps in the application documents or from the applicant’s demeanor during the interview. Serious preparation is needed to ensure that your fiancé(e) is not caught unawares during the process.

Entering the U.S.

If the consular officer determines that your fiancé(e) meets the legal requirements for a K-1 visa, they will return their passport with the K-1 visa stamped on one of its pages. This visa would allow your fiancé(e) to travel to the U.S. within six months from when it is issued.

Once your fiancé(e) arrives at a port of entry and is admitted into the U.S. by the CBP, your time starts counting. You must get married within 90 days, after which your fiancé(e) (now your spouse) can begin the adjustment of status process that would allow them to obtain a Green Card.

If you fail to get married within 90 days, your fiancé(e)will lose their K-1 status and will need to leave the country or risk possible removal by the immigration authorities.

How Our Miami Immigration Lawyer Can Help

The U.S. immigration system creates several hurdles that K-1 visa applicants (and immigrants generally) must overcome before they can lawfully enter the country. With numerous forms and documents to prepare and file, it is no wonder that many people find the application process difficult to navigate. But that doesn’t have to be you.

Our experienced and competent K-1 visa lawyer at The Law Office of Tatiane M. Silva, P.A. can represent you throughout the immigration process and reduce your burden so you can focus on preparing for your fiancé(e)’s arrival and your new life together.

Here’s how we can help:

Documentation and Evidence: The outcome of the K-1 visa process largely depends on the details included in the immigration forms and the documents submitted. We see applicants struggle to complete these forms accurately and identify/gather the required documents frequently. With your cooperation, we are prepared to take the burden off you and ensure that your immigration documents are accurate and meet the required standards.

Immigration Waivers: Some people are ineligible for a U.S. visa due to their previous criminal history or other factors specified as grounds of inadmissibility under immigration law. Fortunately, there are immigration waivers designed to help qualified immigrants overcome their ineligibility. To save you time and costs, we can assess your fiancé(e) ‘s immigration history and help determine their eligibility for a visa before you begin the K-1 visa process. If we determine that they are ineligible, we can advise you both on the appropriate course of action and help navigate the waiver application process if your fiancé(e) qualifies.

Interview Preparation: The visa interview is a critical step in the K-1 visa process. Unfortunately, some applicants falter under pressure or fail to convey the genuine nature of their relationship, which could create doubts in the consular officer’s mind and lead to a denial. With our extensive experience, we can help your fiancé(e) prepare for the interview and provide insights to help them go through the process with confidence. 

Overcoming Denials: If your application has already been denied, it does not have to be the end. We can help review the reasons for the denial and explain your options. In such bleak circumstances, you can rely on us to help you determine the best way forward. 

 

Contact The Law Office of Tatiane M. Silva, P.A. Today 

As the number of dating sites increases, more and more people are exploring cross-border romantic relationships that often lead to marriage and lifelong bonds. The K-1 visa offers a pathway for U.S. citizens involved in such relationships to solidify their union and live together in the U.S. 

However, the application process can be complex because this type of visa has several unique requirements and conditions.

We at The Law Office of Tatiane M. Silva, P.A. are here to assist you throughout the process and help make your dreams of a life with your fiancé(e) a reality within the shortest possible time.

We are located in Miami, Florida, but are fully prepared to serve you no matter where you are.

Contact us today if you’d like our help with the process. We’d be glad to be a part of your success story.

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