Published: February 12, 2022
In 2021, the US Citizenship and Immigration Services (USCIS) issued 16,643 K-1 visas to alien fiancé(e)s of US citizens. Because of the pandemic and its restrictive policies, the numbers dropped. The number was almost double at 34,581 back in 2019. However, the statistics should not be alarming because experts agree that the numbers will rise as the United States (U.S.) moves into the post-pandemic stage.
If you plan to marry a U.S. citizen partner, now is the perfect opportunity to start preparing and unlock a K-1 or fiancé(e) visa. Coordinate with the best immigration lawyers in Los Angeles, ALG Lawyers, for a smooth and hassle-free K-1 visa process.
Who Can Qualify?
The K-1 visa category requires two individuals: a U.S. citizen (sponsor) and the U.S. citizen’s fiancé(e) (beneficiary). The two should express their intention to marry each other within ninety (90) days of the non-citizen fiancé(e)’s admission to the U.S. Both of them should not possess any disqualification to marry each other under U.S. laws. In addition, they should have terminated any previous marriages by divorce, death, or annulment.
In addition, it is critical for the U.S. citizen and their fiancé(e) to have personally met each other at least once within the last two (2) years before filing the petition. Please coordinate with a spouse visa lawyer to determine if you can qualify to request a waiver of this requirement.
Tips for K-1 Visa Approval
1. Provide as Many Details as Possible.
The immigration officers can be meticulous during the K-1 Visa process, so it is best to provide as much detailed information as possible. Providing a vivid explanation of your romantic relationship and other events that support said relationship will be helpful. Besides oral discussion, showing relevant photographs, videos, and other media could bolster the truthfulness of your claims.
Having a believable background is critical but never resort to fabricating a story. Please know that the U.S. government has punitive measures against marriage fraud. Immigrants caught doing this may be subject to removal proceedings and no longer be eligible to receive immigration benefits.
2. Keep Up with the Visa Requirements.
Always double-check the list of requirements and deadlines set by the USCIS. Missing any form or submitting beyond the allowable period may prompt the agency to deny your application. The USCIS follows a tight schedule which is why they rarely grant exceptions for delays. It is best to familiarize yourself with all prerequisites to devise a deliberate plan on how to comply with all of them in time.
Avoid delays and missing out on documentary requirements by partnering with the best immigration lawyers in California—ALG Lawyers. Our team will work closely with you to sort out legal and clerical matters.
3. Check Your Finances.
Besides eligibility and documentary requirements, the USCIS sets financial requirements for a K-1 visa. One of the thresholds is that the sponsoring partner should maintain stable gross earnings of 100% above the federal poverty guidelines if they are active duty in the U.S. armed forces. For all other sponsors, they should maintain 125% of the HHS Poverty Guidelines. Please note that the guidelines may change from time to time; it is advisable to coordinate with a marriage visa attorney. They will play an integral role in the beneficiaries’ adjustment of status.
The amount the sponsor should maintain may change depending on their household size. If the U.S. citizen is also sponsoring for other relatives, the minimum income threshold may also increase.
4. Have an Open Schedule.
When it comes to immigration, especially when processing a K-1 visa, it is almost impossible to have a definite schedule. Applicants should have an open mind about their immigration schedule.
There are several reasons for the uncertainty and irregularities of immigration processes. First, the number of applications is increasing. Besides K-1 visas, the USCIS also issues other types of visas. Second, there are unexpected interruptions. The most notable example is when the COVID-19 pandemic happened. Many of USCIS’ operations are still recovering. Lastly, some applications require intensive review due to underlying complications.
The best way to hasten the immigration process is to ensure that you do things correctly the first time. ALG Lawyers can help you with that goal.
5. Carefully Fill Out the Needed Forms.
Forms are crucial parts of immigration processes, and you cannot do away with them. Always take your time, whether you are filling out a paper or online form. There is no merit in rushing because it will only increase your chances of making clerical errors. Please know that the slightest mistake can prompt USCIS to return your application.
Sometimes, K-1 visa forms can be tricky. ALG Lawyers is only one call away if you need guidance in accomplishing them. You can talk to our legal staff members and clarify any confusion. We can also review the correctness of the forms you completed.
6. Submit a Well-Prepared Petition.
A rushed and poorly drafted petition can cause delays, worse, denials. Besides wasting time, filing another round of petitions can cause a lot of money. Although you are in a rush to have your K-1 visa approved, it is not wise to submit a low-quality petition. Petitions should always have the correct format and do not have syntax issues.
ALG Lawyers is more than willing to assist you in writing a flawless petition. We will use our years of knowledge and experience to your advantage. Meet with our K-1 visa lawyers to have a more in-depth discussion about this matter.
What About LGBTQIA+ Couples?
U.S. immigration laws do not distinguish between genders. Couples of all sexual orientations may qualify for the K-1 visa category if they abide by the legal requirements, especially regarding citizenship and financial standards. ALG Lawyers is happy to help you learn more about this subject.
Live in the U.S. with Your Loved One
ALG Lawyers successfully helped couples start new chapters of their lives in the U.S. Seeing our clients have a successful wedding and exchange the sweetest vows melts our hearts. If you want the same thing for you and your partner, please know that our legal team will work hard to deliver optimum results.
You can rely on the expertise and systematic strategies of our Los Angeles immigration lawyers to make your K-1 visa application as seamless as possible. Do not hesitate to get in touch with us whenever you are available. Please book a schedule at your most convenient time.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)