Texas K-Visa Attorneys
K-1 Visa (Fiancé(e) of US Citizen)
The K-1 fiancée visa is a nonimmigrant visa which allows the fiancé or fiancée of a U.S. citizen to enter into the U.S. and get married to the U.S. citizen.
1. ELIGIBILITY:
As a fiancé or fiancée of a U.S. citizen you are eligible if you are:
•· Legally eligible to marry under the law of both the nations;
•· Planning to getting married within 90 days of your entering the U.S;
•· Entering the U.S. solely for the purpose of marriage.
2. LIMITATIONS ON K-1 VISA:
On K-1 visa, you may not:
•· Change to any other nonimmigrant status while you are in the U.S;
•· Use K-1 visa to enter the U.S. if you have been temporarily barred from entering into the U.S. for previous violation of U.S. immigration law.
3. DURATION:
•· A K-1 visa is issued with a validity of 180 days. You have to enter the U.S. before the expiry date shown on your K-1 visa
•· After your arrival in the U.S., you have 90 days to get married or you must return to your home country. There is no legal way to extend the 90 day limit
•· Once the marriage has taken place in the U.S., you must apply to adjust to residency status. Note that you would first generally obtain a two-year conditional residency and would have to file additional paperwork later for the conditions to be lifted.
The K1 visa process is rather long and arduous. However, we will be happy to see you and your fiancé(e) through the process and make sure that things go as smoothly as possible. Mishandling of the K1 fiancé(e) visa application may result in lost time, visa denials or arrest and deportation of the fiancé(e) where the USCIS suspects fraud. If you are already married, then you may want to apply for a K3 visa.
Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration attorney, please contact the firm by e-mail or call our offices. Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an immigration law attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474.
K-2 Visa (Child of K1 Visa Holder)
The K-2 nonimmigrant visa allows the child of a K-1 fiancé visa holder to enter into the U.S. and await the availability of an immigrant visa.
1. ELIGIBILITY:
To qualify for K2 visa, you must be:
•· Less than 21 years old;
•· The unmarried child of a K-1 applicant;
•· Seeking to immigrate to the U.S.
2. PRIVILEGES ON K-2 VISA:
On K-2 visa, you may:
•· Reside in the U.S. with your family while waiting for the marriage of your K-1 parent;
•· Apply for Employment Authorization, using USCIS Form I-765, Application for Employment Authorization;
•· Study in the U.S.
3. LIMITATIONS ON K-2 VISA:
•· Change to any other nonimmigrant status;
•· Enter into the U.S. if you have been temporarily barred for previous violation of the U.S. immigration laws.
4. DURATION:
K1 children may stay in the U.S. on K-2 visa for a maximum period of 90 days from the date of entry. If your parent K-1 visa holder and U.S. citizen do not marry within 90 days, you must depart the U.S. within 30 days.
5. EXTEND STAY:
No, you may not apply for extension of stay on K-2 visa. If the marriage of your K-1 parent and the U.S. citizen does not take place within 90 days of admission you are required to leave the U.S.
6. WORK ON K-2 VISA:
Yes, the USCIS may grant you permission to take up employment in the U.S. on K-2 visa.
To obtain Employment Authorization you will need to file Form I-765, application for employment authorization, with the USCIS Service Center which covers your place of residence in the U.S after your arrival there.
Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration attorney, please contact the firm by e-mail or call our offices. Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an immigration law attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474.
K-3 Visa (Spouse of US Citizen)
The K-3 spouse visa is a nonimmigrant visa which allows the spouses of U.S. citizens to enter into the U.S. and await the availability of an immigrant visa.
1. WHO QUALIFIES:
The K-3 Visa allows the spouse of a U.S. citizen, who is waiting abroad for an immigrant visa, and the (K-4 Visa) spouse's children to enter the United States as nonimmigrants, re-unite with their family here, and then apply for immigrant status while in the country. It is one of several immigration benefit provisions created by the Legal Immigration Family Equity Act (LIFE Act).
Under this new nonimmigrant visa classification, spouses of U.S. citizens may be granted K-3 nonimmigrant status, and the spouse's unmarried children (under 21 years of age) may be granted K-4 nonimmigrant status. Obtaining a K-3/4 visa is not required, however. Spouses of U.S. citizens and their children may skip applying for a K visa and directly obtain their immigrant visa abroad from the Department of State.
2. CRITERIA:
For a K-3 Visa, you must be:
•· The foreign national spouse of a U.S. citizen;
•· Residing outside the U.S.;
•· Seeking to enter into the U.S to wait the availability of an immigrant visa;
•· Your U.S. citizen spouse must have filed a petition for alien relative which must be pending.
3. PRIVILEGES ON K-3 VISA:
•· On K-3 Visa, you may:
•· Reside in the U.S. with your family while waiting for the approval of your immigrant visa petition;
•· Apply for a work permit;
•· Travel outside of the U.S. on short trips and re-enter;
•· Study in the U.S.
4. LIMITATIONS ON K-3 VISA:
On K-3 visa, you may not:
•· Change to any other nonimmigrant status;
•· Enter into the U.S. if you have been temporarily barred for previous violation of the U.S. immigration laws.
5. DURATION:
The K-3 visa is valid for two years with multiple entries.
6. EXTEND STAY ON K-3 SPOUSE VISA:
You may apply for extension of stay while on K-3 spouse visa using Form I-539, Application to Extend or Change nonimmigrant status, 120 days prior to the expiration of your authorized stay. Extension will be granted in two-year intervals.
Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration attorney, please contact the firm by e-mail or call our offices. Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an immigration law attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474.
K-4 Visa (Child of K3 Visa Holder)
The K4 visa is a nonimmigrant visa which allows the children of a K-3 spouse visa holder to enter into the U.S. and await the availability of an immigrant visa.
1. ELIGIBILITY:
To qualify for K-4 visa, you must be:
•· Less than 31 years old;
•· The unmarried child of a K-3 applicant;
•· Seeking to immigrate to the U.S.
2. PRIVILEGES ON K-4 VISA:
•· On K-4 visa, you may:
•· Reside in the U.S. with your family while waiting for the approval of your immigrant visa petition;
•· Apply for a work permit using Form I-765, Application for Employment Authorization;
•· Travel outside of the U.S. on short trips and return;
•· Study in the U.S.
4. LIMITATIONS ON K-4 VISA:
On K-4 Visa you may not:
•· Change to any other nonimmigrant status;
•· Enter into the U.S if you have been temporarily barred for previous violation of the U.S. immigration laws.
5. DURATION:
The K-4 visa is valid for two years with multiple entries, or until the age of 21, whichever is shorter.
6. TERMINATION OF STATUS:
Your K-4 status will be automatically terminated 30 days following:
•· Denial or revocation of the Form I-130, Petition for Alien Relative, filed on your behalf
•· Denial or revocation of the immigrant visa application filed by you
•· Denial or revocation of your application for adjustment of status to that of lawful permanent resident
•· Divorce of your K-3 parent from the U.S. citizen
•· Your marriage or 21st birthday
Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration attorney, please contact the firm by e-mail or call our offices. Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an immigration law attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474.
