Chicago Lawyer, Attorney: Green Card, H-1B, National Interest Waiver, J-1, Spouse, Fiance, Student Visa, VAWA, Citizenship, Removal, Korean, Polish, Japanese, Spanish
Important K Visa Concepts
- The K-1 petition requires thorough supporting documentation: Due to the potential for fraud, INS requires proof that the couple:
- Met within two (2) years before filing of the filing;
- Intend to marry;
- Are legally able to marry-including proof of the legal termination of any prior marriages of either;
- Are willing to marry within the ninety-day period.
- The K-1 spouse (and any K-2 dependents) must undergo U.S. consulate clearance procedures and an interview in order to be issued the K visa: Moreover, K visa processing can take longer than processing for other nonimmigrant visas since it involves the submission and consideration of complete (and often repetitive) biographical and admissibility information at two stages-rather than a single stage-of the process.
- A fiancée who qualifies for the K visa is not excluded from obtaining an immigrant or nonimmigrant visa under another classification for which he/she might be qualified.
- A K-1 Visa Holder May Apply For and Receive Employment Authorization to Work in the United States During the Initial 90-Day Period of Admission: If the marriage to the petitioner occurs within 90 days of arrival, the K-1 visa holder can apply for adjustment of status to conditional permanent resident and apply for and receive employment authorization.