Using Visas To Bring Couples Together
One of the great joys of doing immigration law is being able to play a part in bringing couples together. Our attorneys and staff get to help people who met their future spouse through a college or university while studying abroad bring their fiancé to the U.S. to get married. We also get to help couples who are already married reunite in the U.S. to begin the next chapter of their lives. It is our great honor and privilege to be part of these love stories.
Hiring a lawyer to help you through the visa application process is the best way to keep your love story from turning into a tragedy. The sad truth is that the United States Citizenship & Immigration Services (USCIS) often treats marriage and fiancé visa applicants more like suspects in a crime than people in love who want to be together. The application process involves a great deal of paperwork and any error or oversight will cause delays and can be grounds for denial. When you work with Muchnicki & Bittner, LLP, we’ll help make sure your application is completed correctly and work with you through the entire process.
Bringing Your Fiancé To The U.S.
The K-1 visa, also known as the fiancé visa, allows your foreign fiancé to live and work in the U.S. Applying for K-1 visa begins with filing the appropriate paperwork with the USCIS. If the application is approved, it is sent on to the U.S. embassy in the country where your fiancé lives. The embassy then calls in your fiancé for an interview. Assuming the interview goes well, at that point the visa will be granted.
To acquire a K-1 visa for your foreign-born fiancé, the following conditions must be met:
- You must be a U.S. citizen.
- Your fiancé must meet criteria for legal admission to the U.S.
- You and your fiancé must have met within the last two years.
- You must meet financial requirements.
- You and your foreign fiancé must both be free to get legally married.
- You must plan to get married within 90 days of your fiancé’s arrival.
You have 90 days from the day your fiancé arrives to get married. Once you are married, your now spouse can apply for a green card and permanent residency. If you do not get married within 90 days, your fiancé will have to leave the U.S.
Reuniting Married Couples In The U.S.
The USCIS offers the K-3 Visa for foreign spouses of U.S. citizens to come to the U.S. An approved K-3 visa not only allows your spouse to enter the country but also grants them a green card at the same time. To qualify, you and your spouse must be legally married and you must be a U.S. citizen. There is also an income requirement, but you can have a joint sponsor if your income does not meet the minimum requirements.
If you and your spouse have children, we can help you apply for CR-2 visas to bring them to the U.S. at the same time.