Here you will find information on processing for fiance`(e) visa, visa for fiance's children, its cost and fiance` visa related complex issues.
Fiance` Visa is a great way to enter the United States if the foreign national is in a committed relationship with a United States Citizen and boht are planning to marry soon. It is possible to bring along minor children of fiance`.
Upon coming to the United States and marrying the USC petitioner, fiance`(e) is eligible to apply for adjustment of status and obtain greencard based on marriage.
The petition for fiancé visa is processed by the USCIS. Primary requirement is that the parties must have met in person in the last two year. Waiver of in person meeting requirement is available if the requirement causes severe hardship of a specific nature. Contact this law office for an assessment of waiver eligibility. This law office has successfully handled hardship waivers.
Upon approval of petition, the foreign national would be able to apply for visa at the U.S. Consulate abroad. Fiancé`(e) can come to the United States upon visa approval. The entire process can be completed in as fast as 5 months (although processing times change rapidly and vary with case type and filing) for the foreign national to make the trip and U.S. entry.
Employment authorization is available and is subject to severe limitations. K status may be terminated, unfortunately, upon certain triggers may face the possibility of going out of status.
Once the foreign national fiancé`(e) arrives in the United States, parties must marry in to apply for adjustment of status. The marriage should take place within 90 days. Foreign national children of fiancé`(e) can also adjust status if the parent’s marriage occurred up to a certain age. If their relationship goes south it could be difficult for the foreign national party to obtain lawful immigration status. It is the goal of the fiancé visa is to offer the parties an opportunity to see if their relationship would work out. This may conflict with cultural values in some countries. Foreign nationals may be left with little option in such a situation.
Foreign national fiancé`(e) may, at times, end up in an abusive relationship with a USC partner and wants out. Such a person is not out of options if marriage occurred but may be out of luck if not. Battered spouse in an abusive relationship has alternative remedies in immigration law. Immigration Law treats many victims with compassion is a lesser known fact and is true even in case of physical or mental abuse victims.
Immigration law does not require foreign national spouse to stay in an abusive relationship. However, many do for lack of resources or knowledge to seek help. Under Violence Against Women Act (VAWA), victims of domestic violence and their dependents can self-petition and obtain lawful permanent residence.
Criminal background with domestic violence history of the USC fiance`(e) / petitioner for a K visa may affect the outcome of the fiancé` petition. Adam Walsh Act provisions require government to provide the foreign national fiance`(e) with information and resources on their partner’s domestic violence history.
Even if the foreign national is aware of such behavioral pattern of the USC, it does not affect his or her eligibility to seek relief under any other provision of law e.g. to self-petition as victim of abuse under Violence Against Women Act (VAWA).
K VISA: FREQUENTLY ASKED QUESTIONS
Q: Which is better? Fiance visa or consular process upon marriage?
A: WHether something is better or worse really depends upon your personal goals and priorities. I recommend scheduling a consultation.
Q: What is the cost of fiance(e) visa? Which is cheaper?
A: Filing fee changes frequently. Most recent revision was on December 23, 2016. Government filing fees are:
Petition:- $535,
visa application fee:- $265.
Adjustment of status filing fee: $1225.
There are additional charges like doctor's fee for obtaining medical records or translation work etc. These services are provided by external service providers.
Q: How long do I have to wait?
A: Processing times change frequently and also depends upon how complete a petition packet was filed? Although past success records are not a promise of similar accoplishments in future, Haranlaw has had petitions approved in three weeks and final processing completed in just over five months.
Q: Which process is faster? Filing before or after marriage?
A: Whether you should file for fiance visa or consular process after marriage really depends upon your personal goals and comfort level knowing the risks involved in either process. You could benefit from a consultation and your lawyer could help you guide which option could best suit your preference.
Q: What are the chances of approval?
A: My focus is to help you achieve your goal. Please schedule a consultation for asessment of your immigration case.
Q: Can I bring my children and will they get greencard?
A: Fiance`(e) can bring his or her minor children to the United States and depending upon their age. You could benefit from consult with the immigration lawyer to protect your child's immigration interest.
Q: How should I bring my fiance`(e) to U.S.?
A: It really depends upon your goals! You could benefit from consult.
