It is not uncommon for New Jersey residents to meet and want to marry a person from another country. For those who have been fortunate enough to find love with a foreign national, bringing them to the United States legally could be intimidating. It might seem like a complicated process and people are frequently unsure of the facts.
Misconceptions about the process are common and some make the mistake of watching entertainment programs on this very topic that might not give full and accurate guidance as to how it works. However, if they understand what they must do and know how to follow the rules, it can be made much easier to achieve the desired outcome and have the fiancé(e) come to live in the United States.
Understand the steps for a K-1 visa
There is a form that must be filled out petitioning for the prospective spouse to come to the United States The couple needs to state their intention to get married within 90 days of the fiancé(e) entering the country under the K-1 visa.
The marriage must be legitimate meaning that the intention is to be a couple and not so the immigrant can come to live in the United States under false pretenses. Once the couple has been married, the K-1 recipient can then apply to be a permanent resident and try to get a Green Card.
There are other eligibility rules with the K-1 visa. The couple must be legally allowed to get married. If one or the other has been married before and has not yet gotten a divorce, they cannot get legally married nor get the K-1 visa.
It is also possible to have the requirement waived if it will be a hardship.
Another common concern is if the K-1 visa recipient has children who also want to come and live in the United States If they are under 21 and unmarried, they can be eligible on a K-2 visa. There is a form to fill out for this and they can travel to the United States, but not before the fiancé(e) does. The K-1 visa will allow the person to request an authorization to work and subsequently seek employment. They can apply for the visa and the work authorization simultaneously.
Know the process and address obstacles as they arise
There is no reason to be fearful about the K-1 visa process, but it is critical to know and follow the requirements. While many cases will go smoothly, others run into obstacles where there is a question about the validity of the relationship or other delays. Simply because there is a delay does not mean the request will be denied.
Knowing how the process works is one step, but having help from experienced people who speak several languages is also crucial. Being fully prepared from the outset can make the process easier and avoid pitfalls that have sabotaged other applications.
