A New Jersey Attorney Helping With K-1 Visas

When you have finally found your partner in life, you want him or her by your side. If your partner is not a U.S. Citizen, there are important steps that must be taken for him or her to remain in the United States or to move to the United States.

At the Law Offices of Raymond Lo, LLC, we can advise you on the process in seeking a fiance/fiancee (K-1) visa and a spousal visa, including filing a petition to bring your loved one from a different country. The son of first-generation immigrants, Raymond Lo understands the importance of using the immigration process to keep your family together.

For a free initial consultation from an experienced fiance visa attorney serving Jersey City, New Jersey and New York City, contact us online or call 201-633-8273.

Hudson County, New Jersey, K-1 Visa Process Lawyer

A fiance visa, also known as a K-1 visa, allows a non-U.S. national to enter, or remain, in the U.S. to get married to a U.S. citizen who is unmarried. To obtain a fiancé(e) visa, the U.S. citizen must:

  • Have met the foreign fiance in person within the previous two years except under extraordinary circumstances
  • File a petition on behalf of his or her foreign fiance with the United States Citizenship and Immigration Services (USCIS)
  • After approval by the USCIS, the K-1 visa application must be filed with proof of a bona fide relationship, a medical examination, policy and security clearances, an affidavit of support, the foreign fiance's interview and any other relevant supporting evidence

If the K-1 visa application is successful, the marriage must take place within 90 days of the foreign fiance's entry into the U.S. In cases where the non-U.S. national is already in the United States on a tourist or student visa, the time-frame begins from the date of approval of the visa.

If marriage to the U.S. citizen who obtained the fiance visa does not occur within 90 days, the foreign fiance has 90 days to leave. He or she may not enter the U.S. under the same marriage visa again. Re-entry is possible if the entire process is repeated and a new K-1 visa is obtained.

When you are trying to start the next chapter of your life together, it is important to have the services of an experienced and well-trusted family immigration lawyer to make sure that this process goes as smoothly and efficiently as possible.

Alien Spousal Fraud

After your marriage, the non-U.S. citizen spouse is issued a two-year Permanent Resident Card. After the two years have passed, a Green Card of permanent citizenship is granted. If during this time, the marriage ends, the non-U.S. citizen spouse will not be granted a Green Card and must return to his or her home country.

Unfortunately, a deceptive foreign spouse who has taken advantage of his or her American spouse may try to use certain provisions under the Violence Against Women Act (VAWA) by submitting a self-petition claiming violence or spousal abuse by his or her American spouse as a means of bypassing the United States' immigration system. If the immigration officer reviewing the petition deems the non-U.S. citizen spouse has been abused, a Green Card is issued.

If you are facing false accusations of abuse by your foreign spouse, Raymond Lo will prepare a citizen case in order to present your side of the story to the immigration officer in charge of reviewing the non-U.S. citizen spouse's petition and claim of abuse. It is important to take action, so as to prevent the real possibility of difficulties with sponsoring a future non-U.S. citizen spouse.

Call Our Immigration Law Firm Today

Contact Raymond Lo for a candid, comfortable, confidential initial consultation from a Hudson County, New Jersey, K-1 visa process attorney. We are also able to provide language translation assistance, if necessary.