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FAMILY Visa and Immigration
Stephen K. Tills : Pro-active Immigration and Visa Strategist
How do I help a relative become a US permanent resident? Stephen K. Tills will assist families reunite, if a member of the family already resides in the United States.
K-1 Fiance Visa
The immigration laws provide a nonimmigrant visa classification ("K-1") for persons coming to the United States to marry American citizens and reside in the US. A person who is already married to a U.S. citizen may apply for permanent residence through marriage, but may not apply for a fiance(e) visa.
PETITION
To establish K-1 visa classification for an alien fiance(e), an American citizen must file a petition, Form I-129F, Petition for Relative or Fiance(e), with the Regional Service Center of the Immigration and Naturalization Service (INS).
VISA INELIGIBILITY/WAIVER
Applicants who have a communicable disease, or have a dangerous physical or mental disorder; are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution; are likely to become a public charge; have used fraud or other illegal means to enter the United States; or are ineligible for citizenship, must be refused a visa. The two-year foreign residency requirement for former exchange visitors is also applicable
APPLYING FOR A FIANCE VISA
The beneficiary of an approved petition receives forms and instructions to apply for a "K" visa. Since a fiance(e) visa applicant is an intending immigrant, he or she must meet most of the same documentary requirements of an immigrant visa applicant
U.S. PORT OF ENTRY
At the port of entry, the alien fiance(e) will receive a stamp in his or her passport giving temporary permission to work pending marriage to the U.S. citizen. The marriage must take place within 90 days of admission into the United States
ADDITIONAL INFORMATION:Family Members
The unmarried, minor children of a K-1 beneficiary derive "K-2" nonimmigrant visa status from the parent so long as the children are named in the petition. A separate petition is not required if the children accompany within one year from the date of issuance of the K-1 visa.
Employment
The alien fiance(e) is given temporary permission to work by the INS at the port of entry.
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Stephen K. Tills Attorney at Law PO Box 635,6413 West Quaker Road, Orchard Park, New York. 14127-2354
T: 716.662.5080 Fax: 716.662.8475 E: stephen@tillsvisalaw.com
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