McAllen Fiancé Visa Attorney
Assisting Clients with K-Visa Applications in Hidalgo County
If you are a U.S. citizen, you can sponsor your fiancé to legally enter the country and begin the steps toward obtaining a green card. The process can be overwhelming and time-consuming, but our Mcallen fiancé visa attorney can help you navigate it to completion.
Our team at the Law Office of Ayala & Acosta has more than 20 years of combined legal experience and is ready to assist you and your loved one. We are also bilingual, so you can communicate with us in Spanish.
Contact us at (956) 923-3938 or complete our online contact form to get started with a McAllen Fiance visa lawyer near you.
The Fiancé Visa Process
There are two primary types of fiancé visas:
K-1 Visa (Fiancé Visa):
- Allows a foreign fiancé(e) of a U.S. citizen to enter the U.S. for the purpose of getting married.
- The U.S. citizen petitioner must file a petition on behalf of the foreign fiancé(e).
- After approval, the fiancé(e) can enter the U.S., and the couple must marry within 90 days.
- After marriage, the foreign spouse can apply for adjustment of status to become a permanent resident.
K-2 Visa (Minor Child of Fiancé(e)):
- Allows minor children (under 21) of the foreign fiancé(e) to enter the U.S. and join their parent.
- The U.S. citizen petitioner must include the names of the minor children in the original K-1 visa petition.
- The children can accompany or follow the fiancé(e) to the U.S. but must enter within one year from the fiancé(e)'s admission.
These visas aim to unite couples and their children by allowing them to enter the U.S. and eventually pursue permanent residency. It's essential to meet all requirements and follow the necessary procedures for a successful application process.
K-1 Fiancé Visa Eligibility Requirements
The K1 visa application is a multi-step process that can take several months to complete. It involves several forms and documents that must be prepared correctly and submitted to the U.S. Embassy or Consulate in the country where the applicant resides.
The applicant must meet the following eligibility requirements:
- You must be a United States citizen.
- You and your fiancé must have met in person within the past 2 years.
- Your fiancé must be a foreign citizen.
- You and your fiancé must be willing to get married within 90 days of your fiancé's arrival in the U.S.
- You and your fiancé must have a permanent residence in the U.S.
- You and your fiancé must have a basic understanding of the responsibilities of marriage and family life in the U.S.
Once the application is accepted, your fiancé will receive an A-record in their passport that allows them to travel to the U.S. to marry you and apply for a green card. If your fiancé lives in the U.S., you will need to apply for a K-2 visa. The K-2 visa is for the children of U.S. citizens. It allows them to enter the country and begin the process of applying for a green card.
How Long Does It Take to Get a K-1 Visa?
Generally, the process involves several steps:
- Filing the Petition: The U.S. citizen petitioner must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS. The processing time for this initial step is typically 6-9 months.
- USCIS Approval: Once the USCIS approves the petition, it is forwarded to the National Visa Center (NVC) for further processing. This stage usually takes 3-4 weeks.
- Embassy Processing: The NVC sends the approved petition to the U.S. embassy or consulate in the foreign fiancé's country. The embassy will schedule an interview for the foreign fiancé, which can take an additional 1-3 months, depending on the embassy's caseload and the availability of interview slots.
- Medical Examination and Interview: The foreign fiancé must undergo a medical examination and attend the visa interview at the U.S. embassy. An approved physician conducts the medical examination, which typically takes place a few weeks before the interview. During the interview, the consular officer will ask questions to verify the relationship's legitimacy.
- Visa Issuance: If the interview is successful and the consular officer is satisfied with the evidence provided, the K-1 Visa will be issued. This process can take another 2-4 weeks.
- Travel and Adjustment of Status: Once the K-1 Visa is issued, the foreign fiancé can travel to the United States. The couple must marry within 90 days of the fiancé's arrival, after which the foreign spouse may apply for adjustment of status to become a lawful permanent resident (green card holder).
How Our Fiancé Visa Attorney Can Help You
Here's how we can assist you:
- Initial Consultation and Case Evaluation: We start by understanding your unique situation and delivering a comprehensive evaluation of your case. This includes assessing your eligibility for the K-1 Visa and identifying any potential challenges that may arise.
- Document Preparation and Review: We will assist you in gathering all necessary documents, including evidence of your relationship, financial information, and personal identification. We will meticulously review each document to ensure accuracy and completeness, minimizing the risk of delays or denials.
- Form I-129F Petition Filing: We will prepare and file Form I-129F on your behalf, ensuring that all information is correctly entered and all supporting documents are included. Our attention to detail helps prevent common errors that can lead to delays in processing.
- Consular Processing Support: Once your petition is approved and forwarded to the NVC, we will guide you through the consular processing stage. This includes preparing for the visa interview, advising on the medical examination, and helping you compile additional evidence of your relationship.
- Interview Preparation: The visa interview is a crucial step in the K-1 Visa process. We provide comprehensive interview preparation, including mock interviews and detailed guidance on the types of questions you may be asked. Our goal is to help you feel confident and prepared.
- Post-Visa Issuance Support: After your K-1 Visa is issued, we will continue to support you by advising on the next steps, including travel arrangements and the marriage process. We also assist with the adjustment of status applications to ensure a smooth transition to permanent residency.
- Ongoing Legal Support: Immigration law can be complex and ever-changing. Our commitment to you doesn't end with the issuance of the K-1 Visa. We provide ongoing legal support for any additional immigration needs, ensuring that you and your spouse have the necessary legal guidance for a successful future together.
Contact Our McAllen K-Visa Attorney Today
Embarking on this journey of love is an exciting step, and having the right legal support is crucial. If you're ready to bring your fiancé(e) to the U.S. and create a life together, trust the Law Office of Ayala & Acosta. Our dedicated team of McAllen fiancé visa lawyers is committed to making your love story a reality through expert guidance in the U.S. Fiancé Visa process. Contact us for a consultation and take the first step toward uniting with your beloved. Your love, our expertise.
If you are unsure about whether your relationship is eligible for a fiancé visa, contact our McAllen fiancé visa lawyer at (956) 923-3938 for a consultation.
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