Immigration to the United States is not easy. However, for some people, it can get easier, especially if the reason is love. This reason is also known as the K-1 Visa. This article introduces the K-1 Visa and what you need to know about it.
What Is a K-1 Visa?
By the definition of the USCIS, a K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen.
What is allowed when one has a K-1 Visa?
When you or your fiance has a K-1 visa, you have the following rights:
- The foreign-citizen fiancé(e) is allowed to travel to the United States; and
- He is required to marry his or her U.S. citizen sponsor within 90 days of arrival.
If you have watched the show 90 Day Fiance, the premise is the same as what the law requires. You bring your fiance to the United States and you can marry them thereafter.
Do I automatically get citizenship after marriage with the K-1 Visa?
No, the foreign citizen is required to apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS).
What if I do not want to get married after all?
If you remain in the United States without marrying the United States citizen who sponsored your K-1 visa, or marries someone else, you will violate the terms of your visa, have no legal status and may be subject to removal proceedings or other penalties.
What are the penalties for marriage fraud?
Immigrants who commit marriage fraud may be subject to removal proceedings and may be barred from receiving future immigration benefits in the United States. A conviction for marriage fraud can involve imprisonment for up to five (5) years and fines of up to $250,000.
Can I rely on the criminal background information on my U.S. citizen fiancée or spouse?
The criminal background information compiled by the agency comes from various public sources, as well as information provided by U.S. citizen clients on immigration applications. USCIS does not have access to all criminal history databases in the United States.
The U.S. citizen sponsor may not tell the truth in the sponsorship application. It is also possible the U.S. citizen has a history of abusive behavior but was never arrested or convicted.
Therefore, the criminal background information you receive may not be complete. IMBRA intends to provide available information and resources to immigrating fiancé(s) and spouses.
Ultimately you are responsible for deciding whether you feel safe in the relationship.
You can learn more about your rights in this USCIS immigration pamphlet.
Haque Legal is Here To Help
We have been around. We have handled hundreds of cases of immigration. We can help you get your visa and work your way around getting that citizenship that you deserve. Haque Legal is here and you can find that the best kind of experience for you is to hire our law firm.
Here at Haque Legal, we always have your back. Make sure that on your first free consultation, we tell you everything that you need to know about your immigration case as well as the cost and the expenses that would be associated with it.
The consultation is free for the first time because we understand that you need to at least have that guidance coming from a reputable law firm and lawyer to assess your case. If you have concerns about your immigration and you need a lawyer to handle it you can always contact our law firm and we can talk about your situation and the best way that we can handle it, especially in terms of the expenses.
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If you require a lawyer who can assist you with ensuring that you protect your rights, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and that the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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