Fiancé Visa Attorney in New York

August 30, 2024 Sharon Khunkhun

What is a Fiancé Visa?

When a U.S. citizen is engaged to a non-citizen, one of the most reliable ways to bring their fiancé to the United States is by applying for a K-1 visa, commonly known as a fiancé visa. This visa allows the foreign fiancé to enter the U.S. with the intention of getting married and eventually residing in the country permanently. However, the K-1 visa process can be complex, particularly in a bustling city like New York. This is why working with an experienced fiancé visa attorney in New York is essential to ensure a smooth and successful immigration journey.

The K-1 visa is specifically designed for foreign nationals who are engaged to U.S. citizens. Once the visa is granted, the fiancé has 90 days to marry their U.S. citizen partner. Failure to marry within this timeframe could result in the fiancé being required to leave the country within 30 days, facing possible removal proceedings. After the marriage, the foreign spouse can apply to adjust their status to become a lawful permanent resident of the United States—a critical step on the path to U.S. citizenship.

The Role of a Fiancé Visa Attorney in New York

Navigating the K-1 visa process requires careful attention to detail and strict adherence to legal requirements. In a state as diverse and complex as New York, the process can be particularly challenging. A knowledgeable fiancé visa attorney in New York can guide you through each step, ensuring that all necessary documentation is correctly completed and submitted. This professional assistance is crucial in protecting your fiancé’s immigration status and avoiding any delays or complications.

Eligibility for a Fiancé Visa

To be eligible for a K-1 visa, the petitioner must be a U.S. citizen and must intend to marry their fiancé within 90 days of their arrival in the United States. Additionally, the couple must have met in person at least once within the two years preceding the filing of the petition. Exceptions to this requirement are rare and generally apply only if meeting in person would violate strict cultural customs or cause extreme hardship. An experienced fiancé visa attorney in New York can help you determine if you qualify for such an exemption and guide you through the process of proving your eligibility.

Coming to Khunkhun Law we had already started the process filing for a K1 Visa and had been waiting for over a year. We were looking for advise and honest and realistic answers. So it was important for us to pay for that consultation so we wouldn't run into someone giving us a sales pitch promising us the moon and the stars. Meeting Sharon we immediately felt in good hands. She listened patiently and addressed all our questions giving explanations and even instructions. She assured us and offered to always come back to her if we have more questions. She never pressured us in any direction or into hiring her. We had another law office on our list thinking we might need more than one opinion but after our appointment with Sharon it only took us a day to decide which direction we want to take and that we want to do that with no one else but Sharon on our side. Feeling like she also understands the implications of immigration processes on a personal level is an extra bonus to her professionalism. We got lucky (thanks to Sharon's work too) and it turned out to be a journey without any complications. But it still can be a scary process to go through and having Sharon and her team with us each step of the way took away so much of the insecurities and worries. I can't thank her enough for helping us spend the rest of our lives together!! We wholeheartedly recommend Khunkhun Law and wish Sharon and everyone at Khunkhun Law all the best for the future!

Google Review from Former Client, Ms. Autumn

Key K-1 Visa Requirements

The K-1 visa application process involves meeting several critical requirements to satisfy U.S. immigration officials. Both the petitioner and the fiancé must provide evidence of having met in person, such as photographs together, correspondence over a period of time, proof of financial support, and phone records. Failure to submit adequate evidence can result in delays or denial of the petition. Additionally, the U.S. citizen petitioner must demonstrate that their income meets or exceeds 100% of the U.S. poverty guidelines.

A fiancé visa attorney in New York will assist you in gathering and organizing the necessary documentation, ensuring that your application is comprehensive and compelling. They can also advise you on any additional evidence that may be required to strengthen your case.

Addressing Potential Challenges in the K-1 Visa Process

The K-1 visa process also includes a thorough background check on the foreign fiancé. Certain criminal records can prevent the issuance of a visa, while others may only cause delays. If your fiancé has a criminal history, it is vital to consult with an experienced fiancé visa attorney in New York to understand how it might affect your case and what steps can be taken to address any issues.

It’s important to remember that the approval of a K-1 visa petition does not automatically guarantee that the visa will be issued. The foreign fiancé must also pass a medical examination and an interview at a U.S. embassy or consulate. The entire process typically takes about eight months, but mistakes in the application or missed appointments can lead to further delays.

Ensuring a Successful K-1 Visa Process with Legal Assistance in New York

Given the complexities and potential obstacles of the K-1 visa process, especially in a high-demand area like New York, partnering with a skilled fiancé visa attorney can make all the difference. From preparing your application to guiding you through the final interview, an attorney will help you avoid common pitfalls that could jeopardize your case. By ensuring that all requirements are met and deadlines are adhered to, a fiancé visa attorney in New York increases your chances of a successful outcome, allowing you and your fiancé to begin your life together in the United States without unnecessary delays.

If you’re ready to start the immigration process and bring your fiancé to New York, contact a knowledgeable fiancé visa attorney today to discuss your options and get started with confidence. You can learn more about our boutique law firm here. If you or a loved one have any questions or require representation, please don’t hesitate to give us a call, email us at info@khunkhunlaw.com, or explore other ways to get in touch for an immigration consultation here. We have successfully represented many clients, even in the most challenging cases.