Reno Fiance Visa Lawyer

With Dedication and Experience in Immigration Law, Our K1 Visa Attorney in Reno, NV, Helps Foreign Fiance(e)s Acquire Entry Into the United States

When love crosses international borders, the couple often wishes to build their life together in the United States. The law provides immigration benefits for foreign fiance(e)s engaged to U.S. citizens. Through a type of temporary visa called a K-1 visa, the non-citizen can gain lawful entry into the United States and eventually apply for permanent residence and, later, citizenship. To demonstrate eligibility for a K-1 visa and a genuine relationship that stands up to immigration agents’ scrutiny, you’re going to need the guidance of a Reno fiance visa lawyer.

At Smit Law Group, we handle issues in immigration law with advocacy and empathy. Led by attorney Margaretha Smit, herself an immigrant who came to the U.S. from the Netherlands in 1997, we understand the stress, fears, and hopes our clients experience throughout their immigration journey. We work to secure the most favorable outcomes possible, helping our clients prepare complete applications and avoid delays. Contact us today for guidance for every step of the fiance(e) visa application process.

Qualifying for a K-1 Visa

A K-1 Visa allows a U.S. citizen to bring their foreign fiancé(e) into the country for the purpose of impending marriage. After the marriage takes place, the foreign spouse can apply to adjust their status to that of a lawful permanent resident, also known as a Green Card holder.

Eligibility for a Fiancé(e) Visa

To qualify for a K-1 Visa, several key conditions must be met. The Petitioner filing for the K-1 visa must be a U.S. citizen. Noncitizens, even when they are lawful permanent residents (Green Card holders), do not qualify to file a petition for a fiancé(e). Beyond that, eligibility requirements for a K-1 visa include:

• Both parties being legally free to marry
• The couple demonstrating a genuine relationship (rather than one for immigration purposes)
• At least one in-person meeting taking place between the couple within the two years prior to filing the petition

Under these eligibility conditions, a K-1 visa application could be denied if one party is already legally married to someone else (and that marriage has not been legally terminated), if the couple has never met in person (except under very limited exceptions), or if the couple is unable to prove that their relationship is real rather than entered into purely for immigration purposes.

The intended marriage must occur within 90 days of when the foreign fiancé(e) arrives in the United States under the terms of the K-1 visa. Otherwise, the fiancé(e) will lose their status and have to leave the country.

K-2 Visas for Children

If the foreign fiancé(e) has children, they may be eligible to enter the United States under K-2 visas. K-2 visas are derivative visas linked to the parent’s K-1 status. To qualify for a K-2 visa, all children seeking entry into the U.S. must be listed on the Form I-129F petition filed by the U.S. citizen for the fiancé(e). Each child must apply for and be issued a separate K-2 visa, but they do not require a separate petition. Only children who are unmarried and under 21 years old are eligible for a K-2 visa.

Children entering the U.S. under a K-2 visa can travel with or after the K-1 parent but not before. The child will lose their status and must depart from the U.S. if the marriage between the parent on the K-1 visa and the U.S. citizen who filed the petition does not occur within the 90-day timeline.

Your future deserves attention today. Call 775-993-2235 or contact our team to schedule a consultation. We’re here to help you move forward with confidence.

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The Step-by-Step Process of Obtaining a Fiancé(e) Visa

The K-1 visa process involves multiple U.S. immigration agencies and steps, starting with documents filed with U.S. Citizenship and Immigration Services (USCIS) and ending with entry into the U.S. and marriage. A Reno fiance visa lawyer can help guide you through every stage of the process.

Step 1: File Form I-129F

The process of bringing the betrothed to America begins when the U.S. citizen files Form I-129F, Petition for Alien Fiancé(e), with USCIS. This form must be filled out completely, accurately, and with thorough documentation required to establish a valid relationship and an intent to marry within 90 days. Depending on USCIS workload, processing this form typically takes anywhere from four to 10 months.

Step 2: Attain USCIS Approval and Transfer to the National Visa Center (NVC)

Upon USCIS approval, the petition is then sent to the National Visa Center (NVC) for initial processing. The NVC assigns the application a case number and forwards it to the U.S. consulate in the fiancé(e)’s home country. Processing time for this stage is typically much shorter, amounting to around one to two months.

Step 3: Go Through Consular Processing and a Visa Interview

Because the foreign fiancé(e) and any eligible K-2 children are located outside the United States, they must go through consular processing abroad. They need to submit the online DS-160 visa application, pay fees, complete a medical exam, and gather civil documents to support their application. At the U.S. consulate interview, the applicant must demonstrate a bona fide relationship and eligibility for the visa. The time from NVC transfer to visa issuance is usually two to four months.

Step 4: Enter the United States on a K-1 Visa

Once their application has been approved, the fiancé(e) and any K-2 dependents can enter the U.S. on their K visas. The couple must marry within 90 days of the fiancé(e)’s arrival. The K-1/K-2 status expires after 90 days and cannot be extended, so the individuals must leave the country if the marriage does not occur within this timeframe.

All told, the K-1 visa process can generally take 10 to 18 months, depending on processing times at USCIS and the U.S. consulate. Any missing documentation or improperly completed forms could further delay processing. Having a Reno fiance visa lawyer handling your case can ensure your application stays on track from start to finish.

Required Supporting Documents During the K-1 Visa Process

Throughout the process of attaining a fiance(e) visa, petitioners (U.S. citizens) and beneficiaries (the foreign fiance(e)s seeking entrance into the country) must submit several types of documents to support the application. Supporting documents for a fiance(e) visa include:

• Proof of U.S. citizenship, such as a passport and birth certificate
• Proof of the couple’s genuine relationship, such as photos, messages, correspondence, and statements from friends or family
• Evidence of having met in person within the two years preceding the application, such as travel records, receipts, photos, and passport stamps
• A letter of intent to marry signed by both partners
• Medical examination results done by an approved physician
• Police certificates from any country where the fiancé(e) has lived
• An Affidavit of Support (Form I-134) showing the U.S. citizen can financially support the fiancé(e)

Both properly filling out Form I-129F (the Petition for Alien Fiancé(e)) and gathering the full documentation needed throughout the process can be challenging. With knowledgeable legal representation on your side, you can manage these demands and keep your application moving forward.

What Happens After Marriage on a Fiance(e) Visa

The K-1 visa is a single-entry, non-immigrant visa that specifically allows entry for marriage to the petitioner. Once the visa is approved and the fiancé(e) enters the U.S. on a K-1 visa, the couple must get married within 90 days. The K-1 holder cannot leave and re-enter the U.S. after the marriage takes place until they receive advance parole or a Green Card.

Once the marriage takes place within the 90-day period, the foreign spouse becomes eligible to apply for a Green Card, which confers lawful permanent residency, through a process that’s known as Adjustment of Status (AOS). Any children on a linked K-2 visa can also apply for Adjustment of Status.

Applying for Adjustment of Status after getting married on a K-1 visa requires the following steps:

• The foreign spouse (and any children on a linked K-2 visa) files Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS after marriage.
• The U.S. citizen spouse files Form I-864, Affidavit of Support, with USCIS to demonstrate financial ability to support the noncitizen spouse and children.
• The foreign spouse may file Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) so they can work and travel out of the country, respectively, while AOS is pending.
• The couple must attend an in-person interview to verify that the marriage is genuine. The noncitizen spouse and any children on a K-2 visa must also undergo fingerprinting and collection of other information to support a background check during a biometrics appointment.

The process of securing an Adjustment of Status can take a year or longer, depending on factors like the caseload at the USCIS field office (typically, the USCIS Application Support Center in Reno). Once complete, the noncitizen spouse and any children on a linked K-2 visa become Green Card holders permitted to remain in the United States permanently.

How Smit Law Group Can Help

Although the K-1 fiancé(e) visa offers a pathway for engaged couples to unite in the United States, the road isn’t always smooth. Securing a K-1 visa and, later, a green card is a multi-step process that involves USCIS, the NVC, and a U.S. consulate. As your experienced Reno fiance visa lawyer, Smit Law Group will help by:

• Preparing and reviewing documents
• Handling cultural or hardship exemptions
• Preparing the foreign fiance(e) for the consular interview
• Filing for Adjustment of Status after marriage

With careful documentation and attention to deadlines, couples can overcome the obstacles and transition from engagement to permanent residency.

The Importance of Having a K1 Visa Attorney in Reno, NV, Guiding Your Immigration Journey

You aren’t required to obtain professional legal representation to file for a K-1 visa, but doing so gives you distinct advantages. Factors like the two-year meeting requirement, 90-day rule, and the requirement of marriage within the U.S. make timing and planning critical. An attorney can provide guidance on when to file and what steps must be taken first.

Children’s eligibility for K-2 visas and properly managing that process can add to the complexity, but a knowledgeable attorney can ensure every detail of your case is managed properly. In addition, we can make sure that the foreign fiancé(e) and any linked children take the right steps to maintain lawful status throughout the process.

Having an experienced immigration attorney on your side can help you avoid common K-1 visa pitfalls, such as:

• Failure to marry within 90 days, which leads to the automatic expiration of the K-1 and any linked K-2 visas and loss of lawful status for the foreign fiance(e) and any children
• Inadmissibility issues, such as prior criminal convictions, health-related issues, prior immigration violations, or concerns over meeting financial support requirements, that can prevent the foreign fiancé(e) from being admissible to the U.S.
• Fraud or misrepresentation concerns, often arising out of inconsistent or incomplete documentation of the relationship, prior immigration filings for other foreign partners, or significant differences in age, language, or culture, with little evidence of contact
• Insufficient documentation of the relationship or of meeting in person within the last two years
• Errors on forms or missing signatures
• Failure to update addresses or respond to USCIS requests for evidence

Any of these pitfalls could lead to rejection or long delays, which makes hiring an attorney worthwhile.

Why Choose Smit Law Group as Your Reno Fiance Visa Lawyer?

For a K1 visa attorney in Reno, NV, who is dedicated to helping couples navigate the K-1 visa process with care and accuracy, put your case in the competent hands of Smit Law Group.

• Personalized service: You’ll work directly with attorney Margaretha Smit throughout the process.
• Multilingual support: Communication is seamless in English, Spanish, Dutch, German, or French.
• Experience you can trust: With 19 years in immigration law, we anticipate obstacles and prepare ahead.

From engagement to arrival, we help bring your future together across borders.

Contact a Reno Fiance Visa Lawyer at Smit Law Group Today for Your Initial Consultation

Love knows no borders, and neither do we. When it comes to building a new life in the U.S. with your betrothed, you benefit from the guidance that our team at Smit Law Group provides. With extensive knowledge of all types of family-based immigration, we’re ready to help you make the life you dreamed a reality.

For help from a K1 visa attorney in Reno, NV, contact Smit Law Group online or call 775-993-2235 today.