Austin Family & Marriage Visa Lawyer
Immigration Lawyers Ensuring Your Family Stays Together
Are you a U.S. citizen who is married to or will be marrying a foreign citizen? If you want to bring your significant other to the United States, they will need to obtain a temporary immigrant visa. At J. Sparks Law, PLLC, we are committed to helping clients throughout Texas understand all of their immigration options so they can determine which is best for their situation. Visit our law firm today to consult with one of our experienced immigration lawyers about your case.
What Is the K-1 Visa?
Your fiancé(e) will need a K-1 visa if you plan to have your wedding ceremony in the states. The processing time may take anywhere between 6 – 9 months. With a K-1 visa, you will have 90 days from the time your fiancé(e) arrives in the country to get married. After you have been officially married, your spouse can apply for adjustment of status to become a permanent resident of the United States.
K-1 Visa Requirements and Form I-129F Approval
The foreign spouse must be sponsored by a U.S. citizen who filed Form I-129F on their behalf. If Form I-129F is approved, the next step is to file the K-1 visa application. USCIS will forward your approved petition to the Department of State National Visa Center (NVC). After the NVC issues you a case number, the petition will be send to the U.S. Embassy or Consulate where the foreign fiancé(e) will apply for the K-1 visa.
You will need to submit:
- Evidence of a bona fide relationship
- Police and security clearances
- An affidavit of support
- Medical examination results
How Long After I-129F Is Approved?
On average, it takes about 7 months for Form I-129F to be processed by USCIS and approved. It typically takes an additional 4 to 6 weeks for it to go through the NVC and arrive at the U.S. Embassy or Consulate near you for an interview request.
What Happens After I-129F Is Approved?
The NVC will send you, the U.S. citizen fiancé(e) a letter informing them that the case was sent to the U.S. embassy or consulate. Your fiancé(e) then can apply for the K-1 visa, prepare for the interview, and medical exam. Note that if eligible children will be applying for K-2 visas, separate applications must be submitted for them and their presence will be required at the visa interview as well as required forms and documents.
If your I-129F has been approved and you need guidance, reach out to our Austin family visa lawyer at (512) 952-2176.
Can the K-1 Visa Be Extended?
If the foreign fiancé(e) fails to get married within 90 days after receiving their K-1 visa, they will have to leave the country. The K-1 visa cannot be extended, which means the foreign fiancé(e) will have to file a new K-1 Visa application and start the process all over again.
Fiancé Visa Timeline
On average, it takes 7 months for a fiancé(e) visa to completely process. There 4 basic steps:
- U.S. citizen fiancé files the Petition for Alien Fiancé, Form I-129F with USCIS. Supporting documents should be attached as well as a fee of $535. USCIS will send a receipt of notice within 30 days. If more information is needed, they may send a Request for Evidence (RFE).
- USCIS hands off the case to the U.S. Department of State. 30 days after the Form I-129F is approved, the sponsored fiancé will receive a notice from the U.S. embassy in their home country. It will provide information about the date, time, and location of their visa interview as well as a list of required documents for both U.S. citizen fiancé and sponsored fiancé.
- Sponsored fiancé completes the Online Nonimmigrant Visa Application, Form DS-160.
- Sponsored fiancé completes the visa interview at the U.S. embassy or consulate, usually 4-6 weeks after the initial notice from the embassy.
If everything goes through smoothly, the interviewing office can make a decision as soon as the same day of the interview, or shortly after. If more evidence is needed, they will make a request through the U.S. consulate. When the K-1 visa is approved, the sponsored fiancé has 4 months from the initial approval of Form I-129 to travel to the U.S.
You or your fiancé may have many questions about the application or interview process, which is why one must consider speaking with a lawyer. At J. Sparks Law, LLC, our Austin marriage visa attorney is prepared to answer any of your questions and guide you with your application.
Talk to a Marriage Visa Lawyer in Austin
If you need help petitioning for a visa for your fiancé(e), you should visit our law office to speak with one of our experienced lawyers about the immigration process. We are passionate about helping our clients achieve their American Dream, and we are prepared to use our extensive resources and knowledge of the law to protect your interests each step of the way.
Call (512) 952-2176 to request your case consultation with an Austin, Texas immigration attorney at J. Sparks Law, PLLC. Spanish services offered.
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