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Family Immigration Law
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K-1 Fiancé or Fiancée Visa
This type of nonimmigrant visa is issued to the foreign-citizen fiancé or fiancée of a United States citizen so they may travel to the country to marry their partner (referred to as the U.S. citizen sponsor) within 90 days of arrival. After the couple marries, the foreign citizen applies to adjust their status to become a lawful permanent resident of the United States — a Green Card holder.
A K-1 visa allows the holder to immigrate to the United States and marry a citizen shortly after arriving, so the fiancé or fiancée must meet some of the requirements of an immigrant visa. Children of eligible K-1 visa applicants receive K-2 visa designations, as they derive their immigration status through their parent.
Under U.S. immigration law, citizens can petition for qualified relatives to come and live permanently in the United States. This includes your spouse, unmarried children under the age of 21, and parents (if you are a U.S. citizen over the age of 21). There is an unlimited number of visas for particular categories, so immediate relatives receive special immigration priority and do not have to wait in line for a visa number to become available for them.
Victims of Violent Crimes/U-Visas
Have you or members of your family been the victim of a violent crime?
The United States offers a special immigrant visa for victims of violent crime and their families for cooperating with authorities in the investigation. This visa once approved offers victims a voice and a potential pathway to residency. It is important to have a strong immigration attorney at your side to guide you through this demanding process.
Violence Against Women Act (VAWA)
In many cases of domestic violence, battery, and extreme cruelty to immigrants, the legal resident would withhold their sponsorship as a method of abuse and retaining control over the situation. The VAWA program provides victims the opportunity to self-petition and seek legal immigration status without the sponsorship of a permanent resident or U.S. citizen.
Conditional Residence/Removal of Conditions
If your marriage is less than two years old on the day you were given a permanent residence, your residence status is conditional. On the day you are lawfully admitted to the United States after adjustment of your status or on an immigrant visa, you are given conditional resident status. Your status is conditional because it must be proven that you did not get married to evade United States immigration laws. In order to remove the conditions, you have to file Form I-751, Petition to Remove Conditions on Residence.
I-601A Provisional Waivers
Beginning March 4, 2013, the provisional unlawful presence waiver process was updated to allow certain visa applicants who are parents, spouses, and children, or U.S. citizens to apply for provisional unlawful presence waivers before they leave the United States. It was developed to shorten the time span in which U.S. citizens and lawful permanent residents are separated from their loved ones while those relatives are completing the process to obtain their immigrant visas.
Gardere Carter & Associates, PLLC
12700 Hillcrest Rd #125, Unit 126
Dallas, TX 75230
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.